Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 107

Jurisdiction of commanding officer

  (1)   A commanding officer has jurisdiction to deal with any charge against any person.

  (2)   A commanding officer has jurisdiction to try a charge of a service offence (other than a prescribed offence) against:

  (a)   a defence member who holds a rank of, or below, lieutenant in the Navy, captain in the Army or flight lieutenant and who is:

  (i)   if the charge is tried while the member is on active service--one or more ranks junior to the commanding officer; or

  (ii)   in any other case--2 or more ranks junior to the commanding officer; or

  (b)   a person who is not a defence member.

Note:   A commanding officer may be disqualified from trying a charge under subsection   108A(1).



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