Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) For the purposes of this section:
(a) an offence against this Act (other than section 61) is an alternative offence in relation to another such offence if the first - mentioned offence is specified in column 2 of Schedule 6 opposite to the reference to the other offence in column 1 of that Schedule; and
(b) an offence against section 11.1 of the Criminal Code , being a service offence that is an ancillary offence in relation to an offence against this Act (other than section 61) or the regulations is an alternative offence in relation to that offence against this Act or the regulations; and
(ba) an offence against section 61 that is based on an ancillary Territory offence against section 11.1 of the Criminal Code , or section 44 of the Criminal Code 2002 of the Australian Capital Territory, in relation to another Territory offence (the first Territory offence ), is an alternative offence in relation to another offence against section 61 that is based on the first Territory offence; and
(c) an offence against section 61 is an alternative offence in relation to another such offence if the relevant Territory offence in relation to the first - mentioned offence is an alternative offence in relation to the relevant Territory offence in relation to the other offence against section 61; and
(d) a Territory offence is an alternative offence in relation to another Territory offence if a court exercising jurisdiction in or in relation to the Jervis Bay Territory could, in a trial of a person on a charge of the other Territory offence, convict the person of the first - mentioned Territory offence.
(2) Where a service tribunal acquits a person of a service offence but is satisfied beyond reasonable doubt of facts that prove that the person is guilty of another service offence that is an alternative offence in relation to the offence of which the person has been acquitted, the service tribunal may convict the person of that other offence.
(3) Where:
(a) a person is charged with a service offence;
(b) the person pleads not guilty to the charge but guilty to another service offence that is an alternative offence in relation to the first - mentioned service offence; and
(c) the prosecution consents to the acceptance of the last - mentioned plea;
the trial shall proceed as if the person:
(d) had been charged with the other service offence;
(e) had pleaded guilty to a charge of the other service offence; and
(f) had not been charged with the first - mentioned offence.