Federal Register of Legislation - Australian Government

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SR 1957 No 20 Regulations as amended, taking into account amendments up to SR 1997 No. 74
Administered by: Attorney-General's
Start Date 14 Apr 1997
End Date 30 Sep 2007
Date of repeal 20 Sep 2016
Repealed by Defence Force Discipline Appeals Regulation 2016

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS



Compilation Information

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Defence Force Discipline Appeals Regulations

Statutory Rules 1957 No. 20 as amended
made under the

Defence Force Discipline Appeals Act 1955

Consolidated as in force on 5 May 1999
(includes amendments up to SR 1997 No. 74)
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra


A graphic exists here.

Defence Force Discipline Appeals Regulations

Statutory Rules 1957 No. 20 as amended
made under the
Defence Force Discipline Appeals Act 1955

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 1
Citation [see Note 1]

These regulations may be cited as the Defence Force Discipline Appeals Regulations.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 2
Interpretation

In these regulations, unless the contrary intention appears:

Deputy Registrar means a Deputy Registrar appointed under subsection 19 (2) of the Act.

detention centre has the same meaning as in the Defence Force Discipline Act 1982.

legal practitioner has the same meaning as in section 39 of the Act.

the Act means the Defence Force Discipline Appeals Act 1955.

the Registrar does not include a Deputy Registrar.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 3
Period for appeal from a decision of a single member of the
Tribunal

For the purposes of subsection 17 (2) of the Act, the prescribed period within which a person affected by a decision given by a single member of the Tribunal may appeal to the Tribunal from the decision is a period of 10 days from the day on which he is notified of the decision.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 9
Lodgement of appeals etc

(1)
For the purpose of paragraph 21 (1) (b) of the Act, the following persons are prescribed, namely:

(a)
a Deputy Registrar;

(b)
in the case of an appellant, other than an appellant referred to in paragraph (c), (d) or (e) — the officer commanding any unit of the Defence Force;

(c)
where the appellant is in custody on board a ship, other than a ship of the Australian Navy, being a ship on board which is a body, contingent or detachment of the Defence Force — the officer commanding the body, contingent or detachment;

(d)
where the appellant is confined in a detention

centre — the officer in charge of the detention centre;

(e)
where the appellant is confined in a civil prison in Australia — the Governor of the prison.


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(2)
Where an appeal or an application for leave to appeal is lodged with a person referred to in subregulation (1), that person shall forward the appeal or application to the Registrar.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 10
Furnishing records of court martial proceedings etc to
Tribunal

(1)
Where an appeal or application for leave to appeal against a conviction or prescribed acquittal by a court martial or Defence Force magistrate is lodged under the Act, the Chief of the Defence Force or a service chief shall, if so requested by the Registrar, cause:

(a)
a record of proceedings of the court martial or Defence Force magistrate;

(b)
a record of any review with respect to the proceedings of the court martial or Defence Force magistrate; and

(c)
documents that were before the court martial, Defence Force magistrate or reviewing authority in connection with the proceedings, as the case may be;

to be furnished to the Tribunal for the purposes of that appeal or application.

(2)
Where a record or document furnished to the Tribunal under subregulation (1) is no longer required for the purposes of the appeal or application for leave to appeal in respect of which it was furnished, the Registrar shall cause the record or document to be returned to the Chief of the Defence Force or service chief from whom the record or document was requested.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 11
Legal aid

(1)
An appellant may, within a period of 14 days, or such longer period as the Tribunal allows, from the day on which he lodged his appeal or application for leave to appeal, apply to the Tribunal for the approval of the Tribunal to the granting of legal aid to the appellant under this regulation.

(2)
An application under subregulation (1) shall be accompanied by a statutory declaration made by the appellant setting out such information as is necessary to enable the Tribunal to determine whether his means are insufficient to enable him to prosecute his appeal or application for leave to appeal.

(3)
If, upon an application being made to the Tribunal under this regulation, the Tribunal is satisfied:

(a)
that the appellant has insufficient means to enable him to prosecute his appeal or application for leave to appeal; and

(b)
that it appears desirable in the interests of justice that legal aid should be granted to the appellant under this regulation,

the Tribunal may, by order, approve the granting to the appellant of legal aid under this regulation.

(4)
If the Tribunal approves the granting to an appellant of legal aid under this regulation, the Attorney-General may arrange for one or more legal practitioners to represent the appellant at the hearing of the appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal.

(5)
Where, under subregulation (4), the Attorney-General arranges for a legal practitioner to represent an appellant, the legal practitioner shall be paid by the Commonwealth such amount for fees and disbursements as is determined by the Attorney-General.


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DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 12
Discontinuance of appeals etc

An appellant may, by notice in writing to the Registrar:

(a)
withdraw his application for leave to appeal at any time before the hearing of the application is commenced; or

(b)
discontinue his appeal at any time before the hearing of the appeal is commenced.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 13
Manner of enforcing order for payment of costs

An order made under subsection 37 (3) of the Act for the payment of the amount of any costs may be enforced:

(a)
by the Commonwealth suing for and recovering the amount in a court of competent jurisdiction as if the amount were a debt due to the Commonwealth; or

(b)
by deducting the amount from any pay and allowances earned by the appellant as a member of the Defence Force,

or partly in one way and partly in the other way.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 16
Appellant in custody

(1)
Where an appellant in custody is entitled to be present at the hearing of his appeal or application for leave to appeal, or of a matter preliminary or incidental to the appeal, the Registrar shall transmit to the person who has the custody of the appellant a certificate signed by the Registrar stating:

(a)
that the appellant is so entitled; and

(b)
particulars of the place where, and of the times at which, the appeal or application for leave to appeal, or the matter preliminary or incidental to the appeal, as the case may be, will be heard.

(2)
Where a person who has the custody of an appellant receives a certificate under subregulation (1), he shall, and by these regulations is authorized to, take such steps as are necessary to ensure:

(a)
that the appellant is taken to the place specified in the certificate at the times so specified; and

(b)
that the appellant will continue to be present at that place during the hearing of the appeal or application for leave to appeal, or of the matter preliminary or incidental to the appeal, as the case may be.

(3)
Where an appellant in custody is to be taken to a place at which he is entitled to be present for the purposes of the Act, the person who has the custody of the appellant shall ensure that the appellant is under guard:

(a)
during the time the appellant is travelling to, and returning from, the place; and

(b)
unless the Tribunal otherwise orders, during the time the appellant is present at the place.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 17
Registry

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(1)
There shall be a Registry of the Tribunal, which shall be at such place as the President directs.

(2)
The Registrar shall have the custody of such of the records of the Tribunal as are kept in the Registry and of the documents lodged or filed with the Registrar or a deputy Registrar.

(3)
The Registrar shall keep:

(a)
proper records of proceedings before the Tribunal and of documents of which he has the custody; and

(b)
such indexes as will enable documents of which he has the custody to be referred to.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 18
Notification of hearing

The Registrar shall, as soon as practicable before the hearing of an appeal or application for leave to appeal, or of a matter preliminary or incidental to an appeal, notify:

(a)
the appellant or the legal practitioner, if any, by whom the appellant is to be represented at the hearing; and

(b)
the Chief of the Defence Force, or service chief, whose duty it is to undertake the defence of the appeal, application or matter,

of the time, date and place of the hearing.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 19
Copy of regulations to be supplied

The Registrar shall, as soon as practicable after he receives an application for leave to appeal, supply the appellant with a copy of these regulations free of charge.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 21
Assistant Registrar

(1)
In this regulation, the assistant Registrar means:

(a)
where there is one deputy Registrar only — that deputy Registrar; or

(b)
where there is more than one deputy Registrar — the deputy Registrar appointed by the President to be the assistant Registrar.

(2)
In the event of the absence, through illness or otherwise, of the Registrar or of a vacancy in the office of Registrar, the assistant Registrar has all the powers and functions, and shall perform all the duties, of Registrar during the absence or vacancy.

DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 22
Fees to witnesses

The allowances payable under subsection 34 (1) of the Act to a witness (other than a member of the Defence Force rendering service) are such fees and travelling expenses as the Registrar thinks fit to allow in accordance with the scale in the Second Schedule to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969.


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DEFENCE FORCE DISCIPLINE APPEALS REGULATIONS
- REG 23
Fees for supplying copies

Where a copy of a document relating to an appeal is supplied by the Registrar to the appellant, the appellant shall pay to the Registrar a fee of:

(a)
where the number of pages of photocopy required to reproduce the document does not exceed 50 pages — $12; or

(b)
where the number of pages of photocopy required to reproduce the document exceeds 50 pages — $12 plus 10 cents for each page of photocopy required in excess of 50.

Notes to the Defence Force Discipline Appeals Regulations

Note 1

The Defence Force Discipline Appeals Regulations (in force under the Defence Force Discipline Appeals Act 1955) as shown in this reprint comprise Statutory Rules 1957 No. 20 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1957 No. 20
23 May 1957
23 May 1957

1967 No. 48
20 Apr 1967
20 Apr 1967

1969 No. 214
30 Dec 1969
30 Dec 1969

1974 No. 187
15 Oct 1974
15 Oct 1974

1977 No. 122
28 July 1977
28 July 1977

1985 No. 161
5 July 1985
3 July 1985 (see Gazette 1985, No. S255)

1997 No. 74
14 Apr 1997
14 Apr 1997

Table

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of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
am. 1985 No. 161
R. 2
am. 1967 No. 48; 1977 No. 122; 1985 No. 161; 1997 No. 74
R. 3
am. 1977 No. 122
Rr. 4, 5
am. 1977 No. 122

rep. 1985 No. 161
R. 6
rep. 1985 No. 161
Rr. 7, 8
am. 1977 No. 122

rep. 1985 No. 161
R. 9
am. 1977 No. 122

rs. 1985 No. 161
R. 10
am. 1977 No. 122

rs. 1985 No. 161

am. 1997 No. 74
R. 11
am. 1977 No. 122; 1985 No. 161
R. 13
am. 1977 No. 122
Rr. 14, 15
am. 1977 No. 122

rep. 1985 No. 161
R. 16
am. 1977 No. 122; 1985 No. 161
R. 18
am. 1977 No. 122; 1985 No. 161; 1997 No. 74
R. 20
rep. 1974 No. 187
R. 22
rs. 1967 No. 48; 1969 No. 214

am. 1977 No. 122
R. 23
am. 1967 No. 48

rs. 1977 No. 122

am. 1985 No. 161
The Schedule
rep. 1967 No. 48