102ACommanding officer must determine whether offence is specified offence

1. If the commanding officer of an accused causes an allegation to be recorded in the form of a charge, the commanding officer must determine whether the alleged offence has 1 or more victims.

2. If the commanding officer of the accused determines that the alleged offence has 1 or more victims, the commanding officer must determine whether the alleged offence is a specified offence.

3. If the commanding officer of the accused determines that the alleged offence is a specified offence,—

4. the commanding officer of the accused must, for each victim,—
   1. advise the commanding officer of the victim and the Director of Military Prosecutions of that determination; and
   2. if the victim does not have a commanding officer, appoint a member of the Defence Force to assist the victim; and
5. Part 10A applies to the victim.

6. Part 10A and subsection (3)(b) cease to apply if, and to the extent that, the Director of Military Prosecutions determines, under section 117ZIA, that a victim identified by the commanding officer of the accused is not a victim or that the alleged offence is not a specified offence.

7. In this section, specified offence and victim have the meanings given in section 198B.