Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 115

Jurisdiction of court martial

  (1)   A court martial has, subject to section   63 and to subsection   (1A) of this section, jurisdiction to try any charge against any person.

  (1A)   A court martial does not have jurisdiction to try a charge of a custodial offence.

  (2)   A court martial has jurisdiction to take action under Part   IV in relation to a convicted person if it has been convened under subsection   125(6) or 129A(4) for that purpose.

  (3)   A court martial, before taking action under subsection   (2), shall hear evidence relevant to the determination of what action should be taken.



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