s.41Hearing by Commanding Officer or subordinate commander
41
Section 41Part 9 — DISCIPLINE, TRIAL AND PUNISHMENT OF MILITARY AND OTHER OFFENCES

Hearing by Commanding Officer or subordinate commander

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This section applies where the Commanding Officer or a subordinate commander hears a charge.
If the Commanding Officer or the subordinate commander determines that the charge has not been proved the Commanding Officer or subordinate commander shall dismiss the charge.
If the Commanding Officer or the subordinate commander determines that the charge has been proved the Commanding Officer or the subordinate commander shall —
record a finding that the charge has been proved; and
impose any one or more of the punishments in section 42.
Notwithstanding subsection (3) or section 32(3), after investigating the charge —
the Commanding Officer; or
the subordinate commander after consulting the Commanding Officer,
may remand any person so charged for prosecution before a court of summary jurisdiction, and such court of summary jurisdiction shall thereafter deal with the matter de novo.

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