Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 109

  (1)   In dealing with a charge, a superior summary authority may:

  (a)   where the charge is within the authority's jurisdiction to try under subsection   106(2)--make a decision to try the charge under that subsection; or

  (b)   where the charge is not within the authority's jurisdiction to try under subsection   106(2) and the authority is of the opinion that there is insufficient evidence to support the charge--direct that the charge be not proceeded with; or

  (c)   in any case--refer the charge to the Director of Military Prosecutions; or

  (d)   where it is desirable in the interests of justice or for any other reason--refer the charge to be dealt with by another superior summary authority.

Note:   A charge may be referred to the superior summary authority by:

(a)   the Director of Military Prosecutions under paragraph   87(1)(ba) or 103(1)(b); or

(b)   a commanding officer under paragraph   110(1)(c); or

(c)   another superior summary authority under paragraph   (d) of this subsection.

  (2)   A superior summary authority may refer a charge under paragraph   (1)(c) whether or not the charge is within the authority's jurisdiction to try under subsection   106(2).