Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 115

Jurisdiction of court martial

             (1)  A court martial has, subject to section 63 and to subsection (1A) of this section, jurisdiction to try any charge against any person.

          (1A)  A court martial does not have jurisdiction to try a charge of a custodial offence.

             (2)  A court martial has jurisdiction to take action under Part IV in relation to a convicted person if it has been convened under subsection 125(6) or 129A(4) for that purpose.

             (3)  A court martial, before taking action under subsection (2), shall hear evidence relevant to the determination of what action should be taken.



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