Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924

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Amendment of Section 84 of the Principal Act.

24.—Section 84 of the Principal Act (which relates to the investigation of a charge against an officer) shall be and is hereby amended as follows:—

(a) At the end of sub-section (1) there shall be added the following words “or by some other officer appointed in that behalf by the Adjutant General.”

(b) The words “officer investigating the charge” shall be substituted for the words “commanding officer” where the same occur in sub-sections (2) and (3).

(c) The following sub-paragraph shall be substituted for sub-paragraph (ii) of paragraph (b) of sub-section (4):—

“(ii) If he considers the case is one which should be dealt with summarily he shall, where the finding involves an automatic forfeiture of pay under paragraph (a) of section 127 of this Act, or where he proposes to award a fine, first ask the officer charged whether he desires to be dealt with summarily or to be tried by court martial, and if the officer elects to be tried by court martial he shall remand him for trial by court martial, but otherwise shall proceed to deal summarily with the case.”