106 Jurisdiction of superior summary authority (1) A superior summary authority has jurisdiction to deal with any charge against any person. (2) A superior summary authority has jurisdiction to try a charge of a service offence (other than a prescribed offence) against: (a) a defence member who holds a rank of, or below, rear admiral, major‑general or air vice‑marshal and who is: (i) if the charge is tried while the member is on active service—one or more ranks junior to the superior summary authority; or (ii) in any other case—2 or more ranks junior to the superior summary authority; or (b) a person who is not a defence member. Note: A superior summary authority may be disqualified from trying a charge under subsection 108A(1).

Previous section105AReferral of charge to Director of Military Prosecutions before dealing with charge under section 109 or 110 Next section107Jurisdiction of commanding officer