Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a person has been acquitted or convicted of a service offence, the person is not liable to be tried by a service tribunal for the same offence or for an offence that is substantially the same offence.
(2) Where, under section 77, a court martial or a Defence Force magistrate has taken a service offence into consideration in relation to a convicted person, the person is not liable to be tried by a service tribunal for the same offence or for an offence that is substantially the same offence.
(3) Where:
(a) a person has been acquitted or convicted by a civil court of a civil court offence; or
(b) a person has been acquitted or convicted by an overseas court of an overseas offence;
the person is not liable to be tried by a service tribunal for a service offence that is substantially the same offence.
(4) For the purposes of this section:
(a) the dismissal of a charge under section 130, 132 or 135 shall be deemed to be an acquittal of the service offence the subject of the charge;
(c) a direction under section 103, 109 or 110 that a charge be not proceeded with shall be deemed not to be an acquittal of the service offence the subject of the charge; and
(d) the dismissal of a charge of a civil court offence against a person, or the discharge of a person in proceedings on a charge of a civil court offence, by a civil court, under section 19B of the Crimes Act 1914 or any corresponding provision of a law of a State or Territory, shall be deemed to be an acquittal of the offence.
Note: If a defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement (see subsection 9C(3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement: see subsection 9C(2).