Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where an authorized member of the Defence Force believes, on reasonable grounds, that a person has committed a service offence, the authorized member may:
(a) if the person is a defence member:
(i) charge the defence member with the service offence;
(ii) cause a copy of the charge to be given to the defence member; and
(iii) order the defence member to appear before a commanding officer at a specified time and place to be dealt with in accordance with section 110; or
(b) whether or not the person is a defence member--cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a commanding officer at a time and place specified in the summons to be dealt with in accordance with section 110; or
(ba) if the authorized member is the Director of Military Prosecutions:
(i) if the person is a defence member--charge the defence member with the service offence, cause a copy of the charge to be given to the defence member and order the defence member to appear before a superior summary authority at a specified time and place to be dealt with in accordance with section 109; or
(ii) whether or not the person is a defence member--cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a superior summary authority at a time and place specified in the summons to be dealt with in accordance with section 109; or
(c) if the authorized member is the Director of Military Prosecutions, do one of the following:
(ii) request the Registrar to refer the charge to a Defence Force magistrate for trial;
(iii) request the Registrar to convene a court martial to try the charge.
Note: A charge referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see subsection 129C(1).
(1A) To avoid doubt, the Director of Military Prosecutions:
(a) may exercise any or all of the powers referred to in paragraphs (1)(a), (b), (ba) and (c); and
(b) may exercise the power referred to in paragraph (1)(c) in addition to, or instead of, the powers referred to in paragraphs (1)(a), (b) and (ba).
(2) A summons under paragraph (1)(b) or subparagraph (1)(ba)(ii) must be served on the person to whom it is directed in a manner specified in the regulations.
(3) Where a summons relating to a service offence is served on a person in accordance with subsection (2), the person shall be taken, for the purposes of this Act, to have been charged with the offence.
(4) A superior officer may order an accused person, being a defence member, to appear before a service tribunal for any purpose relating to the charge against the person.
(5) The appropriate authority may summon an accused person (whether or not a defence member), in a manner provided for in the rules of procedure, to appear before a service tribunal for any purpose relating to the charge against the person.
(6) In this section:
"authorized member of the Defence Force" means:
(a) the Director of Military Prosecutions; or
(b) a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, authorized, in writing, by a commanding officer for the purposes of this section.