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Defence Force Discipline Appeals Act 1955
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Attorney-General's Department
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C2008C00494
20 September 2008
-
21 September 2009
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Part I—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
4 Interpretation
5 Extension of Act to Territories
5A Application of the Criminal Code
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Part II—Defence Force Discipline Appeal Tribunal
6 Defence Force Discipline Appeal Tribunal
7 Constitution of Tribunal
8 Qualification of members
8A Appointment of Judge as member of Tribunal not to affect tenure etc.
8B Arrangement for appointment of the holder of a judicial office of a State or the Northern Territory
9 Oath or affirmation of allegiance
10 Remuneration and allowances of members and deputies
11 Removal and suspension of members from office
12 Leave of absence and resignation
14 Sittings of the Tribunal
15 Exercise of powers of Tribunal
15A Reserved decision
16 Member ceasing to sit on a hearing of a matter
17 Single member may determine certain matters
18 Sittings of Tribunal to be in public
19 The Registrar
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Part III—References and appeals to the Tribunal
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Division 1A—References of questions of law
19A Director of Military Prosecutions may refer question of law to the Tribunal
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Division 1—Bringing of appeals
20 Appeals to Tribunal
21 Time for lodging appeals etc.
22 Frivolous or vexatious appeals by an offender appellant
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Division 2—Determination of appeals
23 Quashing of conviction etc.
24 New trial
25 Custody of person pending new trial
26 Substitution of conviction for alternative offence
27 Varying etc. punishments and orders
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Division 3—Incidental powers of Tribunal
31 Supplementary powers
32 Arrest of witness for failing to appear
33 Power to examine upon oath
34 Payment of witnesses, special commissioners etc.
35 Warrants
36 Tribunal may obtain reports to assist in determination of references or appeals
37 Costs
38 Restitution orders and reparation orders
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Division 4—Miscellaneous
39 Representation of offender appellants and hearing of appeals
40 Protection and immunity of members of Tribunal and of certain other persons
41 Person deemed to have been acquitted
42 Defence of appeals by offender appellants
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Part IV—Offences in relation to Tribunal
43 Failure to attend or produce documents
44 Duty of witness to continue in attendance
45 Refusal to be sworn or give evidence
46 Offences against the Tribunal
47 Orders under section 18
48 Offences punishable by courts of summary jurisdiction
50 Contempt of the Tribunal
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Part V—References and appeals from the Tribunal to the Federal Court of Australia
51 Reference of questions of law to Federal Court of Australia
52 Appeal to Federal Court of Australia from decisions of the Tribunal
53 Custody orders and sending of documents to the Federal Court of Australia
54 Record of proceedings of Tribunal to be kept
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Part VI—Miscellaneous
58 Effect of this Act on Royal prerogative of mercy
60 Regulations
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The Schedule
Notes to the STYLEREF ShortT \* MERGEFORMAT Defence Force Discipline Appeals Act 1955