Defence Force Discipline Amendment Rules 1998 (No. 1) (Cth)
Defence Force Discipline Amendment Rules 1998 (No. 1)
Statutory Rules
1998 No. 377
I, KEVIN PATRICK DUGGAN, Judge Advocate General, make the following rules of procedure under section 149 of the
Defence Force Discipline Act 1982 .Dated 12 December 1998.
K. P. DUGGAN MAJ. GEN.
Judge Advocate General
made under the
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These rules are the
Defence Force Discipline Amendment Rules 1998 (No. 1) .
These rules commence on gazettal.
Schedule 1 amends the Defence Force Discipline Rules.
(rule 3)
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1 Name of rules These rules are the
Defence Force Discipline Rules 1985 .
[2] Subrule 3 (1), definition of Evidence Ordinance
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(1) The prosecutor must, as soon as practicable, give to the accused person notice setting out particulars of:
(a) evidence that the prosecutor intends to present at the trial; and
(b) other evidence that is relevant to the accused person’s defence and has come to the notice of the prosecutor.
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(2) The service tribunal may direct a witness to withdraw from the court until the service tribunal makes a decision on an objection that relates to:
(a) the allowing of a question; or
(b) the evidence given, or about to be given, by the witness.
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(1) A witness appearing before a service tribunal:
(a) may be:
(i) examined by the person who called the witness; and
(ii) cross-examined by the opposite party to the proceedings or by a co-accused; and
(b) on conclusion of any cross-examination, may be re-examined, on matters arising out of the cross-examination, by the person who called the witness.
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(3A) During a trial by court martial, members of the court martial are entitled to question a witness, if:
(a) in the opinion of the judge advocate, the question is relevant and admissible; and
(b) the question is put to the witness by the judge advocate.
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(2) If an accused person makes a request under subrule (1), the person whose services are requested must be permitted to defend the accused person unless:
(a) the services of the person are not reasonably available; or
(b) the hearing is before a subordinate summary authority and the person requested is a legal officer.
(2A) If an accused person makes a request under subrule (1) for representation by a legal officer at a hearing before a commanding officer or superior summary authority, the legal officer whose services are requested must be permitted to defend the accused if:
(a) leave is given by that commanding officer or superior summary authority; and
(b) the services of the legal officer are reasonably available.
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(3) Rule 18 applies to a witness (including the convicted person) who gives evidence under this rule as if a reference in that rule to the accused person was a reference to the convicted person.
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(4) If a conviction is recorded, the written record of the proceedings must be certified as true and correct, in writing, by the recorder and the judge advocate or the Defence Force magistrate as soon as practicable after the conclusion of the trial.
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Schedule 1 Statement of offence (subrule 9 (4))
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1. These rules amend Statutory Rules 1985 No. 128.
2. Made by the Judge Advocate General on 12 December 1998, and notified in the
Commonwealth of Australia Gazette
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