Commonwealth Numbered Regulations

DEFENCE FORCE DISCIPLINE AMENDMENT RULES 1998 (No. 1) 1998 No. 377 - SCHEDULE 1

Schedule 1 Amendment of Defence Force Discipline Rules (rule 3) (1) Rule 1
substitute 1 Name of rules
These rules are the Defence Force Discipline Rules 1985. (2) Subrule 3 (1),
definition of Evidence Ordinance
omit (3) Paragraph 4 (a)
omit
Australian Capital Territory
insert
Jervis Bay Territory (4) Subrule 9 (4)
omit
the Schedule.
insert
Schedule 1. (5) Subrule 16 (1)
substitute

(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. (6) Subrule 17 (2)
substitute

(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. (7) Subrule
        18 (1)
substitute

(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. (8) After subrule 18 (3)
insert

(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. (9) Subrule
        24 (2)
substitute

(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. (10) Rule
        46
omit (11) Rule 48
omit
case.
insert
case (including Part IV of the Act). (12) Subrule 50 (3)
substitute

(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. (13) Subrule 54 (2)
omit
by means of shorthand or sound recording apparatus,
insert
verbatim, (14) Subrule 54 (3)
omit
by means of shorthand or sound recording apparatus,
insert
verbatim, (15) Subrule 54 (4)
substitute

(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. (16) Schedule, heading
substitute Schedule 1 Statement of offence (subrule 9 (4)) (17) Schedule, item
relating to section 31
omit
service policeman
insert
police member (18) Schedule, after item relating to section 36
insert Section 36A DFDA sec 36A (1)
DFDA sec 36A (2)      Unauthorised discharge of weapon

Negligent discharge of weapon (19) Schedule, item relating to section 43
omit
Endangering service property
insert
Destruction of, or damage to, service property (20) Schedule, after item
relating to section 62
insert Section 101QA
DFDA sec 101QA           Refusal to submit to a medical

examination Regulation 25B
DFDR reg 25B             Tampering with, interfering with or

causing damage to a radar device