87Summons and order in the nature of summons

87  Summons and order in the nature of summons  (1) Where an authorized member of the Defence Force believes, on reasonable grounds, that a person has committed a service offence, the authorized member may:  (a) if the person is a defence member:  (i) charge the defence member with the service offence;  (ii) cause a copy of the charge to be given to the defence member; and  (iii) order the defence member to appear before a commanding officer at a specified time and place to be dealt with in accordance with section 110; or  (b) whether or not the person is a defence member—cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a commanding officer at a time and place specified in the summons to be dealt with in accordance with section 110; or  (ba) if the authorized member is the Director of Military Prosecutions:  (i) if the person is a defence member—charge the defence member with the service offence, cause a copy of the charge to be given to the defence member and order the defence member to appear before a superior summary authority at a specified time and place to be dealt with in accordance with section 109; or  (ii) whether or not the person is a defence member—cause to be prepared a summons directed to the person specifying the service offence that the person is alleged to have committed and requiring the person to appear before a superior summary authority at a time and place specified in the summons to be dealt with in accordance with section 109; or  (c) if the authorized member is the Director of Military Prosecutions, do one of the following:  (ii) request the Registrar to refer the charge to a Defence Force magistrate for trial;  (iii) request the Registrar to convene a court martial to try the charge. Note: A charge referred to a Defence Force magistrate must be referred to the magistrate nominated by the Judge Advocate General: see subsection 129C(1).  (1A) To avoid doubt, the Director of Military Prosecutions:  (a) may exercise any or all of the powers referred to in paragraphs (1)(a), (b), (ba) and (c); and  (b) may exercise the power referred to in paragraph (1)(c) in addition to, or instead of, the powers referred to in paragraphs (1)(a), (b) and (ba).  (2) A summons under paragraph (1)(b) or subparagraph (1)(ba)(ii) must be served on the person to whom it is directed in a manner specified in the regulations.  (3) Where a summons relating to a service offence is served on a person in accordance with subsection (2), the person shall be taken, for the purposes of this Act, to have been charged with the offence.  (4) A superior officer may order an accused person, being a defence member, to appear before a service tribunal for any purpose relating to the charge against the person.  (5) The appropriate authority may summon an accused person (whether or not a defence member), in a manner provided for in the rules of procedure, to appear before a service tribunal for any purpose relating to the charge against the person.  (6) In this section: authorized member of the Defence Force means:  (a) the Director of Military Prosecutions; or  (b) a member of the Defence Force, or a member of the Defence Force included in a class of members of the Defence Force, authorized, in writing, by a commanding officer for the purposes of this section.