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Defence Force Discipline Appeals Act 1955
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Attorney-General's Department
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C2024C00831 C23
11 December 2024
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Part I—Preliminary
1 Short title
2 Commencement
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 an appeal
17 Single member may determine certain matters
18 Sittings of Tribunal to be in public
19 The Registrar
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Part III—Appeals 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
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
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 appeals
37 Costs
38 Restitution orders, reparation orders and removal orders
Division 4—Miscellaneous
39 Representation of 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
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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
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
