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Department of Defence
This item is authorised by the following title:
Defence Force Discipline Act 1982
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F2009L03638
22 September 2009
-
08 September 2019
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Part 1 Preliminary
1 Name of Rules
2 Commencement
3 Repeal
4 Definitions
5 Matters not covered by the Act, these Rules or the regulations
6 Instrument for section 194A of the Act
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Part 2 Charging and summoning accused person
7 Charge sheets
8 Charges
9 How charges to be interpreted
10 Summons to accused person
11 Service of summons on accused person
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Part 3 Representation of accused person
12 Defence of accused person at summary hearing
13 Self-representation
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Part 4 Disclosure of prosecution case
14 Accused person to be given copies of statements by witnesses
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Part 5 Summary authority proceedings — general provisions
15 General responsibilities of summary authority
16 Order referring charge or case to superior summary authority or commanding officer
17 Administration of oaths and affirmations
18 Application by accused person or prosecuting officer for adjournment
19 Amendment of charge sheet by summary authority
20 Recorders — general
21 Recorders — objections
22 Recorders — administration of oaths and affirmations
23 Interpreters — general
24 Interpreters — objections
25 Interpreters — administration of oaths and affirmations
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Part 6 Summary authority proceedings — dealing with a charge
26 Dealing with a charge
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Part 7 Summary authority proceedings — trying a charge
27 Application of Part 7
28 Pleading to charges
29 Plea of guilty — outline of charge and material facts for purpose of election during trial
30 Opening address by prosecution
31 Submission of no case to answer
32 Opening address by accused person or representative
33 Closing addresses
34 What summary authority can have regard to in making a finding as to whether or not a charge or alternative offence is proved
35 Reasons for finding of guilty and conviction
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Part 8 Imposition of punishments and making of orders
36 Evidence of material facts after conviction on plea of guilty
37 Convicted person’s record etc and plea in mitigation
38 Reasons for punishment or orders
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Part 9 Rules of evidence
39 Evidence of general orders
40 Certificate of analyst in respect of prohibited drugs
41 Accused person — right to silence
42 Competence of witness to give evidence
43 Compellability of witnesses — general
44 Compellability of witness — confidential communications
45 Compellability of witness — self-incrimination
46 Witnesses — evidence by audio-visual link or audio link
47 Witnesses — sworn evidence
48 Examination of witnesses
49 Recalling of witnesses and calling of further witnesses
50 Witness to reply immediately
51 Tender of witness statements
52 Witness statement — exhibit
53 Relevance
54 Credibility
55 Primary evidence
56 Secondary evidence
57 Documentary evidence
58 Opinion evidence
59 Character evidence
60 Related misconduct evidence
61 Tangible evidence
62 Discretion to exclude
63 Admissions
64 Assessment of evidence
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Part 10 Witnesses
65 Securing appearance of witness on behalf of accused person
66 Summons to witness
67 Service of summons to witness
68 Personal service of summons on witness
69 Time for service of summons on witness
70 Exclusion of witness from proceedings
71 Payment of witnesses expenses
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Part 11 Exhibits
72 Exhibits
73 Inspection and copying of exhibits before proceedings
74 Inspection of exhibits during proceedings
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Part 12 Procedure for imposing punishment or making an order in case of breach of undertaking to be of good behaviour
75 Application of Part 12
76 Evidence of material facts, convicted person’s record etc and plea in mitigation
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Part 13 Record of summary authority proceedings
77 Keeping record of summary authority proceedings
78 Securing record of summary authority proceedings
79 Inspection of record of proceedings etc during summary authority proceedings
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80 Loss of original record of summary authority proceedings
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Schedule 1 Statement of offences
Part 1 Offences against Defence Force Discipline Act 1982
Part 2 Offences against Defence Force Discipline Regulations 1985
Part 3 Offences against Criminal Code