38.This section inserts a new section into both the Army and Air Force Acts 1955.
The new section 76AA deals with the process of electing trial by court-martial.
	Where a charge or number of charges are to be dealt with summarily, this section requires the CO to give the accused the right to elect trial by court-martial prior to the commencement of any summary dealings and, if the accused should elect to be dealt with by court-martial, the case is to be referred to a higher authority in the chain of command.
	If the accused is later given leave to withdraw his election, the case will be passed back to the CO to be dealt with summarily and the accused will not be permitted to re-elect trial by court-martial.
	If the charge or charges are changed in any way, and the new charge is one which can be dealt with summarily, the section requires the accused to be given the opportunity to elect trial by court-martial in respect of the new charge.
	The section also makes amendments to section 76B of each Act as a consequence of these changes.
Commentary on Sections Section 11: Right to elect court-martial trial