Part 5Investigation and summary trial of charges
Miscellaneous matters: Referral of charges
117ZGDocuments and information to be provided to accused and Director of Military Prosecutions
If a charge is to be referred to the Director of Military Prosecutions by a disciplinary officer, the disciplinary officer must, within 7 days of deciding that the charge is to be referred to the Director of Military Prosecutions,—
- ensure that the accused is provided with the information or documents that are prescribed by the rules of procedure for the purposes of this subsection; and
- inform the accused that he or she has 7 days from the date of being informed in which to provide to the disciplinary officer any signed written statements in his or her defence for referral to the Director of Military Prosecutions.
A disciplinary officer (other than a superior commander) must, within 14 days of deciding that a charge is to be referred to the Director of Military Prosecutions, send to his or her superior commander the documents that are prescribed by the rules of procedure for the purposes of this subsection.
A superior commander who receives documents under subsection (2) must, within 7 days of receiving those documents, send to the Director of Military Prosecutions—
- those documents; and
- a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service.
If the disciplinary officer is a superior commander, he or she must, within 14 days of deciding that the charge is to be referred to the Director of Military Prosecutions, send to the Director of Military Prosecutions—
- the documents that are prescribed by the rules of procedure for the purposes of this subsection; and
- a statement containing the superior commander’s opinion as to whether prosecution of the charge is in the interests of the service.
Notes
- Section 117ZG: inserted, on , by section 37 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


