117KDisciplinary officer must consider whether he or she has sufficient powers of punishment and whether he or she can act as disciplinary officer

1. If the disciplinary officer is satisfied that a prima facie case has been made out, the disciplinary officer must consider whether, in his or her opinion, he or she—

2. has sufficient powers of punishment in relation to the charge; and
3. is empowered to act as a disciplinary officer in relation to the charge.

4. If the disciplinary officer is a subordinate commander who considers under this section that he or she—

5. has sufficient powers of punishment and is empowered to act as a disciplinary officer in relation to the charge, he or she must proceed to act as a disciplinary officer in relation to the charge under subpart 3:
6. has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must refer the charge to the accused’s commanding officer or detachment commander without recording a finding.

7. After a charge is referred to a commanding officer or detachment commander under subsection (2)(b), he or she—

8. becomes the disciplinary officer in relation to the charge; and
9. must investigate the charge under section 117J as if the subordinate commander had not begun to investigate the charge; and
10. must, after acting under paragraph (b), act under subsection (1) if he or she is satisfied that a prima facie case has been made out.

11. If the disciplinary officer is a commanding officer, a detachment commander, or a superior commander who considers under this section that he or she has insufficient powers of punishment or is not empowered to act as a disciplinary officer in relation to the charge, he or she must remand the accused for trial in the Court Martial and refer the charge to the Director of Military Prosecutions.