Defence Force Discipline Regulations 1985

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					Defence Force Discipline
Regulations 1985
Statutory Rules 1985 No. 125 as amended

made under the

Defence Force Discipline Act 1982

This compilation was prepared on 29 March 2005
taking into account amendments up to SLI 2005 No. 46

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra




                 Federal Register of Legislative Instruments F2005C00182
Contents




                                                                            Page


Contents

Part I              Preliminary
              1   Name of Regulations [see Note 1]                             5
              2   Commencement                                                 5
              3   Interpretation                                               5
             3A   Application of Criminal Code                                 5

Part II             Detainees and detention centres

Division 1          Application
              4 Application of Divisions 2 and 3                               6

Division 2          General administration and classification of
                    detention centres
              5   Detention centres                                            6
              6   Duties of officer in charge                                  7
              7   Accommodation of detainees                                   7
              8   Cleanliness                                                  8
              9   Meals                                                        8
             10   Purchases                                                    8
             11   Exercise                                                     8
             12   Newspapers etc                                               8
             13   Visiting officers                                            9
             14   Duties of visiting officers                                  9
             15   Visits                                                       9
             16   Religion                                                    10
             17   Employment                                                  10
             18   Period of work                                              11
Division 3          Correspondence
             19   Interpretation — Division 3                                 11
             20   Persons authorised to open correspondence etc               11
             21   Receiving and sending letters                               12
             22   Correspondence to be opened in certain cases                13
             23   Impounded articles                                          13




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                  Federal Register of Legislative Instruments F2005C00182
                                                                             Contents




                                                                                Page
Division 4           Remission and release
              24 Remission                                                         14
              25 Release                                                           15

Part III             Evidence
             25A Evidence of speed of vehicles — use of speed
                  measuring devices                                                16
             25B Offence in relation to speed measuring devices                    21
              26 Admissibility of evidence adduced before summary
                  authority or examining officer                                   21
              27 Evidence of general orders                                        22
              28 Certificate of analyst in respect of narcotic goods               22
              29 Modifications of the provisions of the Evidence
                  Ordinance 1971 of the Australian Capital Territory
                  in their application to proceedings before a service
                  tribunal                                                         22
              30 Modification of the definition of business in
                  subsection 7A of the Evidence Act 1905 in its
                  application to proceedings before a service tribunal             23

Part IV              Miscellaneous
              31   Calculation of daily rate of pay of convicted person            24
              32   Chaplains — notional rank                                       24
              33   Members receiving instruction or training                       25
             33A   Form of oath or affirmation                                     28
              34   Service of summons etc                                          28
              35   Power of arrest: service policemen and others                   29
             35A   Form of oath or affirmation                                     29
              36   Form of caution for purposes of subsection 101D (2)
                    of the Act                                                     30
              37   Prescribed places for purposes of section 101F of
                    the Act                                                        30
              38   Form of acknowledgment of record of interview                   30
              39   Form of certificate for purposes of sub-subparagraph
                    101K (4) (d) (ii) (B) of the Act                               30
              40   Form of explanation for purposes of paragraph
                    101K (4) (e) of the Act                                        30
              41   Prescribed class of persons for purposes of
                    paragraph 101K (14) (a) of the Act                             31
              42   Form of acknowledgment for purposes of
                    subsection 101N (2) of the Act                                 31


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                                                                           Page
              43 Form of acknowledgment for purposes of
                  subsection 101ZA (2) of the Act                            31
              44 Prescribed service offences for purposes of
                  paragraph 104 (b) of the Act                               31
              45 Prescribed class of officers for the purposes of
                  paragraph 108 (4) (a) of the Act                           31
             45A Remuneration for Deputy Judge Advocates General
                  (Act s 185)                                                32
              46 Fees                                                        32
              47 Record of previous convictions                              32
Schedule 1         Modifications of the provisions of the Evidence
                   Ordinance 1971 of the Australian Capital
                   Territory in its application to proceedings before
                   Service Tribunals                                         34
Schedule 2         Forms                                                     38
Form 1A                                                                      38
Form 1             Caution to person charged or summoned                     39
Form 2             Certificate of appropriate witness                        40
Form 3             Explanation to accused                                    41
Form 4             Acknowledgment of suspect in relation to the
                   holding of an identification parade                       43
Form 5             Acknowledgement of consent to search                      45
Form 6             Appointment of authorised tester                          47
Form 7             Certificate of testing of speed measuring device
                   (valid for 12 months)                                     48
Form 8             Certificate of having operated a speed measuring
                   device                                                    49
Schedule 3         Prescribed places for purposes of section 101F
                   of the Act                                                51

Notes                                                                        53




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                 Federal Register of Legislative Instruments F2005C00182
                                                           Preliminary             Part I


                                                                           Regulation 3A




Part I                     Preliminary

1        Name of Regulations [see Note 1]
         These Regulations             are     the     Defence        Force    Discipline
         Regulations 1985.

2        Commencement
         These Regulations shall come into operation on 3 July 1985.

3        Interpretation
          In these Regulations, unless the contrary intention appears:
          member of the staff has the same meaning as in Part XA of the
          Act.
          officer cadet means an officer who holds:
         (a) in the Navy — the rank of midshipman; or
         (b) in the Army or the Air Force — the rank of officer cadet.
          the Act means the Defence Force Discipline Act 1982.

3A       Application of Criminal Code
         Chapter 2 of the Criminal Code applies to offences against
         these Regulations.
         Note Chapter 2 of the Criminal Code sets out the general principles of
         criminal responsibility.




                  Defence Force Discipline Regulations 1985                             5




                 Federal Register of Legislative Instruments F2005C00182
Part II            Detainees and detention centres
Division 1         Application
Regulation 4




Part II                       Detainees and detention
                              centres

Division 1                    Application

4            Application of Divisions 2 and 3
             The requirements of Divisions 2 and 3 apply in respect of a
             detention centre under the control of a part of the Defence
             Force the members of which are on active service only if, and
             to the extent that, the exigencies of service permit.

Division 2                    General administration and
                              classification of detention centres

5            Detention centres
     (1) A detention centre shall be conducted as:
         (a) a unit detention centre;
         (b) an area detention centre; or
         (c) a corrective detention centre;
          as declared in writing by the Chief of the Defence Force, a
          service chief or an authorized officer.
     (2) A person who is sentenced to detention for a period shall not be
          detained:
         (a) in a unit detention centre — if the period exceeds 7 days;
               or
         (b) in an area detention centre — if the period exceeds
               14 days.
     (3) In calculating a period of detention for the purposes of
         subregulation (2):
         (a) where a detainee is sentenced to 2 or more concurrent
             periods of detention — the period of detention shall be
             taken to be the longer or longest of those periods; or


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                    Federal Register of Legislative Instruments F2005C00182
                                 Detainees and detention centres                    Part II
     General administration and classification of detention centres             Division 2
                                                                            Regulation 7


        (b) where a detainee is sentenced to 2 or more periods of
            detention to be served consecutively — the period shall be
            taken to be the aggregate of those periods.

6        Duties of officer in charge
    (1) The officer in charge of a detention centre is responsible to the
        officer’s immediate superior officer for the management,
        control and security of the centre and the welfare of all
        detainees in the centre.
    (2) The officer in charge of a detention centre shall:
        (a) cause each detainee to be interviewed as soon as
            practicable after the detainee is admitted to the centre; and
        (b) cause to be brought to the attention of each detainee such
            of these Regulations and the general orders as are
            applicable to the detainee in relation to the detainee’s
            detention in the centre.
    (3) The officer in charge of a detention centre shall:
        (a) as far as practicable, visit each part of the detention centre
            and each detainee every day;
        (b) visit and inspect the detention centre at least once each
            week at night at a time not known in advance by any other
            person in the centre; and
        (c) ensure that the treatment of detainees is consistent with
            their rehabilitation for further naval, military or air force
            service.

7        Accommodation of detainees
    (1) Every detainee shall, as far as practicable, be accommodated in
        a separate cell.
    (2) Where it is not practicable to provide every detainee with a
        separate cell, there shall be not less than 3 detainees
        accommodated in each cell containing more than one detainee.
    (3) Every detainee shall be provided with a separate bed.




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                  Federal Register of Legislative Instruments F2005C00182
Part II            Detainees and detention centres
Division 2         General administration and classification of detention centres
Regulation 8


     (4) Every cell shall:
         (a) be of such a size and be provided with such heating,
             lighting, ventilation and equipment as is necessary for the
             preservation of the physical and mental health of a
             detainee; and
         (b) be provided with a means of enabling a detainee to express
             at any time a wish to communicate with a member of the
             staff.

8            Cleanliness
             A detainee shall be provided with facilities to enable the
             detainee to maintain proper standards of cleanliness and
             clothing.

9            Meals
     (1) A detainee shall be provided each day with food of such type
         and in such quantities as is ordinarily provided to other
         members of the Defence Force.
     (2) A detainee may, subject to the general orders, purchase food in
         addition to that provided in accordance with subregulation (1).

10           Purchases
             A detainee may make such purchases, not being purchases
             referred to in regulation 9 or 12, as the officer in charge of the
             detention centre thinks fit.

11           Exercise
             A detainee under punishment of segregated confinement or
             confinement to cell or who is directed to work indoors within a
             detention centre shall, if practicable, be permitted to exercise
             daily in open air.

12           Newspapers etc
             A detainee shall be permitted to purchase such newspapers and
             be permitted to view or listen to such daily television or radio



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                                 Detainees and detention centres                     Part II
     General administration and classification of detention centres              Division 2
                                                                            Regulation 15


         broadcasts as the officer in charge of the detention centre
         thinks reasonable.

13       Visiting officers
         An authorized officer shall appoint, in respect of each area
         detention centre or corrective detention centre, at least one
         officer to be a visiting officer.

14       Duties of visiting officers
         A visiting officer shall:
        (a) visit and inspect the area detention centre or corrective
             detention centre in respect of which the visiting officer is
             appointed at such times or at such intervals as an
             authorized officer directs;
        (b) as far as practicable, visit all detainees at that detention
             centre and hear any complaints or requests they wish to
             make;
        (c) furnish a report to the proper authority after each visit and
             inspection made pursuant to paragraph (a); and
        (d) make a record of any complaint made to the officer by a
             detainee and make such inquiries into the complaint as are
             reasonable and report the complaint and the result of those
             inquiries to the proper authority.

15       Visits
     (1) A detainee shall be permitted at reasonable times to receive
          visits from:
         (a) a visiting officer appointed under regulation 13;
         (b) a medical officer;
         (c) a chaplain;
         (d) a legal practitioner; or
         (e) a police officer.
     (2) A detainee shall be permitted to receive visits from persons
         other than persons referred to in subregulation (1).




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                  Federal Register of Legislative Instruments F2005C00182
Part II             Detainees and detention centres
Division 2          General administration and classification of detention centres
Regulation 16


     (3) Permission given under subregulation (2) to receive a visit at a
         detention centre may be given subject to such reasonable
         conditions as the officer in charge of the detention centre thinks
         fit.
     (4) A visit permitted under this regulation shall take place out of
         the hearing, but within the sight, of a member of the staff.
     (5) Where there are reasonable grounds for believing that a visitor
         to a detention centre is likely to endanger or interfere with the
         security or discipline of the centre the officer in charge of the
         centre may refuse the visitor entry to, or cause the visitor to be
         removed from, the centre and may use such reasonable force as
         is necessary for the purpose.

16           Religion
              A detainee shall, as far as is reasonable, be permitted to:
             (a) engage in the normal activities of his or her religion or,
                  with the approval of the officer in charge of the detention
                  centre, of another religion; and
             (b) have in his or her possession or have access to books and
                  objects used in the practice of his or her religion.

17           Employment
     (1) The officer in charge of a detention centre may direct a
         detainee to be employed in kinds of work that it is reasonable
         to expect the detainee to perform.
     (2) In directing a detainee to perform particular work, the officer in
         charge of a detention centre shall take into account the religion
         and the mental and physical capacity of the detainee.
     (3) A detainee shall not be employed otherwise than for the benefit
         of the Commonwealth.
     (4) A detainee shall not be required to perform work on a day of
         religious observance other than such work as is necessary for
         the continued daily operation of the detention centre.
     (5) In subregulation (4), day of religious observance means
         Christmas Day, Good Friday or:


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                     Federal Register of Legislative Instruments F2005C00182
                                 Detainees and detention centres                   Part II
                                               Correspondence                  Division 3
                                                                          Regulation 20


        (a) in the case of a detainee of a particular denomination, a
            day recognised as the sabbath in that denomination; or
        (b) in any other case, Sunday.

18       Period of work
     (1) Subject to subregulation (2), a detainee shall be required to
         perform work each day for not less than 6 hours, if that is
         practicable, but not more than 9 hours.
     (2) A detainee shall not be required to perform work that, in the
         opinion of a medical practitioner, would be likely to be
         detrimental to the physical or mental health of the detainee.

Division 3                Correspondence

19       Interpretation — Division 3
         In this Division:
         authorized member means a member of the staff of a detention
         centre authorized under regulation 20.
         contraband includes any substance or item, other than money,
         the possession of which by a detainee is not permitted by or
         under the Act.
         letter means a card, telegram, document or other form of
         written communication and includes an envelope containing
         any of those things.
         parcel means a package or other similar article, and includes
         any parcel or package containing a book, newspaper, magazine
         or other similar printed material.

20       Persons authorised to open correspondence etc
         The officer in charge of a detention centre may authorize a
         member of the staff, to the extent permitted by regulations 21
         and 22, to open and inspect letters and parcels sent to or
         proposed to be sent by a detainee and to read such letters.




                 Defence Force Discipline Regulations 1985                             11




                Federal Register of Legislative Instruments F2005C00182
Part II           Detainees and detention centres
Division 3        Correspondence
Regulation 21



21           Receiving and sending letters
     (1) Subject to this Division, a detainee may send letters or parcels
         to, and receive letters or parcels from, persons who are not
         detained on agreeing, in the case of letters or parcels sent by
         post, to the opening or inspection of those letters or parcels in
         accordance with this Division.
     (2) A detainee shall be permitted to send:
         (a) immediately on being admitted — 2 letters;
         (b) in every week of detention — 2 letters; and
         (c) such additional letters as the officer in charge of the
             detention centre permits.
     (3) Where a detainee delivers to the officer in charge of a detention
          centre, or a member of the staff, a letter addressed by the
          detainee to the Defence Force Ombudsman, a member of
          Parliament, a member of the legal profession or an authorized
          officer:
         (a) the officer in charge shall cause the letter to be sent to the
               addressee; and
         (b) the letter shall not be opened, inspected or read other than
               by the person to whom it is addressed or some other
               person authorized by that person.
     (4) A letter that has been, and whose envelope purports to have
         been, addressed to a detainee by the Defence Force
         Ombudsman shall not be opened, inspected or read other than
         by that detainee or some other person authorized by that
         detainee.
     (5) Where a member of Parliament or of the legal profession sends
         to a detainee a letter contained in a sealed envelope
         accompanied by a letter addressed to the officer in charge of
         the detention centre indicating that privilege is claimed in
         respect of the letter in the sealed envelope, that sealed envelope
         and letter shall not, except as provided in subregulation (6), be
         opened and inspected or read by any person other than the
         detainee or some other person authorized by that detainee.
     (6) Where the officer in charge or an authorized member has
         reasonable grounds for believing that a sealed envelope


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                   Federal Register of Legislative Instruments F2005C00182
                                  Detainees and detention centres                   Part II
                                                Correspondence                  Division 3
                                                                           Regulation 23


         referred to in subregulation (5) addressed to a detainee may
         contain money, contraband or any item or matter that is likely
         to adversely affect the security, discipline or good order of the
         centre, the detainee may be required to open the sealed
         envelope in the presence of the officer in charge or the
         authorized member.
     (7) Where a sealed envelope is opened in accordance with
         subregulation (6) and found to contain money, contraband or
         any other item or matter that, in the opinion of the officer in
         charge of a detention centre, may adversely affect the security,
         discipline or good order of the centre, the sealed envelope or
         money, contraband, other item or matter contained in the
         envelope or any or all of them, may be impounded.

22       Correspondence to be opened in certain cases
     (1) Subject to regulation 21, where an officer in charge of a
         detention centre or an authorized member has reasonable
         grounds for believing that the security, discipline or good order
         of the centre is likely to be adversely affected by the delivery to
         or despatch from a detainee of any letter or parcel the officer in
         charge or the authorized member may open and inspect that
         letter or parcel and read that letter.
     (2) If, following the opening, inspection and reading of a letter or
         the opening and inspection of a parcel in accordance with
         subregulation (1), a letter or parcel is found to contain money,
         contraband or any item or matter that, in the opinion of the
         officer in charge of a detention centre, may adversely affect the
         security, discipline or good order of the centre, that letter or
         parcel and money, contraband or other item or matter contained
         in the letter or parcel or any or all of them, may be impounded.
     (3) Where any letter, parcel, contraband or other item or matter is
         impounded under subregulation (2) at a detention centre the
         officer in charge of the centre shall inform the detainee.

23       Impounded articles
         Anything impounded under subregulation 21 (7) or 22 (2) may
         be dealt with in accordance with such directions as may be
         given by the Chief of the Defence Force or a service chief.

                  Defence Force Discipline Regulations 1985                             13




                 Federal Register of Legislative Instruments F2005C00182
Part II          Detainees and detention centres
Division 4       Remission and release
Regulation 24



Division 4                  Remission and release

24           Remission
     (1) A detainee is entitled to remission of detention in accordance
         with this regulation.
     (2) A detainee who is serving a period of detention of not less than
         28 days is, subject to this regulation, entitled to a remission of
         one-quarter of the period of detention.
     (3) Where the remission of a period of detention would, but for
         this subregulation, reduce the period of detention to less than
         24 days, the period of detention remitted shall be limited to so
         much of the period of detention as exceeds 24 days.
     (4) Where a custodial punishment is imposed on a detainee, the
          period of remission to which a detainee would, but for this
          subregulation, be entitled, shall be reduced:
         (a) for each day of the punishment of segregated confinement
               served by the detainee — by 3 days;
         (b) for each day of the punishment of confinement to a cell
               served by the detainee — by 2 days;
         (c) for each day of the punishment of extra drill served by the
               detainee — by 1 day; or
         (d) for continuous or discontinuous periods of the punishment
               of restriction of custodial privileges which in the aggregate
               amount to more than 7 days — by 1 day for each such
               period of not less than 7 days.
     (5) Where a punishment of a period of detention is imposed on a
         detainee in respect of an offence committed during a period of
         detention, remission does not accrue in respect of the latter
         period of detention.




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                  Federal Register of Legislative Instruments F2005C00182
                                 Detainees and detention centres                   Part II
                                          Remission and release                Division 4
                                                                          Regulation 25



25       Release
     (1) Where, but for this regulation, a period of punishment by
         remission or otherwise would expire on a Sunday or public
         holiday, the officer in charge may remit so much of the
         unexpired period of detention as would enable the detainee to
         be released on the last day preceding that Sunday or public
         holiday, as the case requires, that is not a Sunday or public
         holiday.
     (2) A detainee may be released at any time during the period of
         24 hours immediately preceding the expiration of the
         detainee’s period of detention.




                 Defence Force Discipline Regulations 1985                             15




                Federal Register of Legislative Instruments F2005C00182
Part III         Evidence


Regulation 25A




Part III                    Evidence

25A        Evidence of speed of vehicles — use of speed
           measuring devices
      (1) In this regulation, unless the contrary intention appears:
           AS 4691.1 - 2003 means the Australian Standard, Laser-based
           speed detection devices, Part 1: Definitions and device
           requirements, published by Standards Australia on 12 August
           2003.
           authorised tester means a person holding an appointment
           under subregulation (4).
           laser-based device means a device for measuring the speed of
           vehicles of the type that is known as The Kustom Prolaser II.
           radar device means a device for measuring the speed of
           vehicles of the type that is known as The Kustom Falcon.
           registration number, in relation to a vehicle, means the figures,
           letters or figures and letters appearing on a number-plate
           affixed to the vehicle, and issued or apparently issued by a
           competent authority or officer of the Commonwealth or a State
           or Territory.
           relevant occasion means an occasion mentioned in
           subregulation (2) and concerning which evidence is adduced or
           sought to be adduced in proceedings mentioned in that
           subregulation.
           speed measuring device means a device for measuring the
           speed of vehicles that is:
          (a) a laser-based device; or
          (b) a radar device.
           vehicle means a motor-powered vehicle, and includes a service
           vehicle.
      (2) Subject to subregulation (3), in proceedings before a service
          tribunal for an offence in which the speed of a vehicle on an
          occasion is a relevant fact or issue, evidence of the speed of the
          vehicle as measured on that occasion by means of a speed


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                  Federal Register of Legislative Instruments F2005C00182
                                                         Evidence             Part III


                                                                      Regulation 25A


    measuring device is evidence of the speed of the vehicle on
    that occasion.
(3) Subregulation (2) does not apply unless the service tribunal
     that is hearing the proceedings is satisfied that:
    (a) the speed measuring device that was operated on the
          relevant occasion was, not more that 12 months before that
          occasion, tested in accordance with subregulation (5)
          or (5A), and met the criteria specified in paragraph (5) (a)
          or (5A) (a) when so tested;
    (b) the device was, upon completion of that test, sealed in
          accordance with subregulation (6); and
    (c) on the relevant occasion the device was operated in
          accordance with subregulation (7) or (7A).
(4) An officer, not below the rank of brigadier, commodore or air
    commodore, may by instrument in accordance with Form 6
    appoint an electrical engineer or an electronic technician as an
    authorised tester for the purposes of this regulation.
(5) The requirements for testing a radar device are:
    (a) that the test is such as will ensure, with respect to the
        speed computing components of the device, that the
        device (if it passes the test) meets the following criteria:
          (i) the circuit is in accordance with the manufacturer’s
              circuit design, or any modification to that design
              approved by the manufacturer;
         (ii) the device is in a satisfactory electrical condition and
              a satisfactory state of maintenance; and
        (iii) the device is properly calibrated, and the frequencies
              at which the calibration is effected produce speed
              readings, within a limit of error plus or minus
              2 kilometres per hour of true speeds, determinable
              from those frequencies;
    (b) that the person who conducts the test forthwith makes,
        signs and dates a statement containing the following
        information derived from the test:
          (i) the speeds at which the calibration was effected and
              the number of times at each speed that the
              calibration was effected;


             Defence Force Discipline Regulations 1985                             17




            Federal Register of Legislative Instruments F2005C00182
Part III          Evidence


Regulation 25A


                 (ii) the type of the device;
                (iii) the identification number or symbols of the device;
                (iv)  the date of the test;
                 (v)  the ambient temperature at the time of the test; and
                (vi)  any other results of the test and any comments of
                      that person on the test or its results; and
           (c) that the person who conducts the test is an authorised
               tester.
     (5A) The requirements for testing a laser-based device are:
          (a) that the test is such as will ensure that the device (if it
              passes the test) meets the following criteria:
                (i) the optical output power of the device is within the
                    specification provided by the manufacturer of the
                    device, or any modification to that design approved
                    by the manufacturer;
               (ii) the device is properly calibrated in accordance with
                    the manufacturer’s instructions, and the frequencies
                    at which the calibration is effected produce the
                    following readings determinable from those
                    frequencies:
                     (A) for speed — within a limit of error plus or
                            minus 2 kilometres per hour of true speeds;
                     (B) for range — within a limit of accuracy of
                            error plus 0.3 metres, or minus 0.4 metres (or
                            plus 1 foot, or minus 2 feet), for both the
                            short range and long range tests, and using
                            either the simulator or physical method
                            mentioned in AS 4691.1 - 2003; and
           Note Appendix A of AS 4691.1 - 2003 sets out the simulator method of
           testing laser-based speed detection devices, and Appendix C sets out the
           physical method.
           (b) that the person who conducts the test makes, titles and
               dates a report containing the following information:
                 (i) a unique reference number identifying the report;
                (ii) the date of the test;
               (iii) the name and address of the laboratory that
                     performed the test;


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                   Federal Register of Legislative Instruments F2005C00182
                                                          Evidence             Part III


                                                                       Regulation 25A


          (iv) the identification number or symbols of the device
                 that was tested;
           (v) any other results of the test and any comments of
                 that person on the test or its results; and
      (c) that the person who conducts the test is an authorised
          tester.
 (6) The requirements for sealing a speed measuring device are:
     (a) that the person who seals the device conducted the test of
         the device in accordance with subregulation (5) or (5A);
     (b) that the device met the criteria specified in paragraph (5)
         (a) or (5A) (a) during the test; and
     (c) that that person upon completion of the test seals the
         device in such a way as to prevent the device being
         tampered with or interfered with without breaking the seal.
 (7) The requirements for operating a radar device are:
     (a) that the seal on the device is intact;
     (b) that the digital speed display of the device when connected
         to a source of electric power displays a reading of (888);
     (c) that the doppler audio signal of the device is set at a level
         clearly audible to the operator;
     (d) that the operator operates the device with the device aimed
         in the direction of the vehicle whose speed is to be
         measured while that vehicle is in the operator’s line of
         vision;
     (e) that while the device is so aimed the operator reads the
         speed displayed on the digital speed display of the device;
     (f) that as soon as practicable the operator records:
           (i) the speed so displayed; and
          (ii) the make and registration number of the vehicle
                whose speed was so measured; and
     (g) that the operator is a police member.
(7A) The requirements for operating a laser-based device are:
     (a) the operator of the device must be a police member; and
     (b) at the start and the end of each shift in which the device is
         used, the operator must test the device by performing the


               Defence Force Discipline Regulations 1985                            19




             Federal Register of Legislative Instruments F2005C00182
Part III         Evidence


Regulation 25A


               following checks in accordance with the manufacturer’s
               instructions:
                 (i) an instrument confidence check;
                (ii) a calibration verification check;
               (iii) a scope alignment check.
      (8) The production to the service tribunal of a document of
          appointment in accordance with Form 6 purporting to be
          signed by an appointing officer mentioned in subregulation (4)
          and dated not later than the day on which the relevant testing of
          a speed measuring device was conducted is evidence that the
          person appointed by the document was, on that day, an
          authorised tester.
      (9) The production to the service tribunal of a certificate in
           accordance with Form 7, and a statement made or apparently
           made in accordance with paragraph (5) (b) or (5A) (b), in
           relation to a speed measuring device, both purporting to be
           signed by a person who was an authorised tester on the day
           mentioned in subregulation (8), is evidence:
          (a) that the speed measuring device of the type, and bearing
                the identification number or symbols, mentioned in those
                documents was, on the date of those documents, tested in
                accordance with subregulation (5) or (5A), and when so
                tested met the criteria specified in paragraph (5) (a)
                or (5A) (a); and
          (b) that the device was, upon completion of that test, sealed in
                accordance with subregulation (6).
     (10) The production to the service tribunal of a certificate in
           accordance with Form 8 purporting to be signed by a police
           member is evidence that, on the date and at the time and place
           mentioned in the certificate:
          (a) the speed measuring device of the type, and bearing the
               identification number or symbols, mentioned in the
               certificate was operated in accordance with subregulation
               (7) or (7A);
          (b) the speed of a vehicle was measured by means of a speed
               measuring device and that the speed was the speed set out
               in the certificate; and



20                 Defence Force Discipline Regulations 1985




                  Federal Register of Legislative Instruments F2005C00182
                                                               Evidence            Part III


                                                                            Regulation 26


          (c) the vehicle whose speed was so measured was the vehicle
              of the make, and bearing the registration number, set out
              in the certificate.

25B       Offence in relation to speed measuring devices
      (1) In this regulation, speed measuring device has the same
          meaning as in regulation 25A.
      (2) A person is guilty of an offence if the person engages in
          conduct that damages, or tampers or interferes with, a sealed
          speed measuring device or the seal of a radar device.
          Penalty: $500.

26        Admissibility of evidence adduced before summary
          authority or examining officer
      (1) In proceedings before a summary authority in relation to a
           charge, a record of the evidence:
          (a) adduced in proceedings, in relation to that charge, before a
                summary authority for the purposes referred to in
                subsection 111A (1) of the Act; or
          (b) made under rule 26 of the Defence Force Discipline Rules
                in relation to that charge;
           is admissible in evidence if:
          (c) the summary authority is satisfied that it would not be
                unfair to the person charged to admit that record; and
          (d) that person consents to that record being admitted.
      (2) If, on the trial of a person charged with an offence in respect of
           which a record or part of a record of evidence made under
           rule 25 of the Defence Force Discipline Rules is relevant, a
           service tribunal is satisfied:
          (a) that the person by whom that evidence was given is dead
                or should not, because of illness or other circumstances
                beyond the control of the person charged, be required to
                attend the trial; and
          (b) that:




                   Defence Force Discipline Regulations 1985                            21




                  Federal Register of Legislative Instruments F2005C00182
Part III         Evidence


Regulation 27


                   (i) the person charged, or a person representing that
                        person, was present when that evidence was taken;
                        or
                  (ii) if the person charged or a person representing that
                        person was not then present, reasonable notice of the
                        time and place fixed for the taking of that evidence
                        was given to that person or to the person
                        representing that person;
           the record of that evidence is admissible in evidence to the
           extent that that evidence would have been admissible at the
           trial if given orally.

27         Evidence of general orders
           In proceedings before a service tribunal, a document certified
           by a commanding officer to be a copy of a general order is
           evidence of that order unless the contrary is proved.

28         Certificate of analyst in respect of narcotic goods
      (1) In proceedings before a summary authority for an offence
          against section 59 of the Act, a certificate signed by an analyst
          setting out the result of an analysis carried out at the request of
          an investigating officer within the meaning of Part VI of the
          Act is admissible as evidence of the matters set out in the
          certificate.
      (2) For the purposes of subsection (1), a document that purports to
          have been signed by an analyst shall be taken to have been so
          signed unless the contrary is proved.

29         Modifications of the provisions of the Evidence
           Ordinance 1971 of the Australian Capital Territory in
           their application to proceedings before a service
           tribunal
           For the purposes of section 146 of the Act, the provisions of
           the Evidence Ordinance 1971 of the Australian Capital
           Territory in their application to proceedings before a service
           tribunal are modified as set out in Schedule 1.



22                 Defence Force Discipline Regulations 1985




                  Federal Register of Legislative Instruments F2005C00182
                                                         Evidence            Part III


                                                                      Regulation 30



30   Modification of the definition of business in
     subsection 7A of the Evidence Act 1905 in its
     application to proceedings before a service tribunal
      For the purposes of section 146 of the Act, the definition of
      business in subsection 7A (1) of the Evidence Act 1905 in its
      application to proceedings before a service tribunal is
      modified:
     (a) by omitting from paragraph (a) “and” (last occurring); and
     (b) by inserting at the end the following word and paragraph:
           “; and (c) the control, operation and administration of the
           Defence Force or a part of the Defence Force;”.




              Defence Force Discipline Regulations 1985                           23




            Federal Register of Legislative Instruments F2005C00182
Part IV          Miscellaneous


Regulation 31




Part IV                     Miscellaneous

31         Calculation of daily rate of pay of convicted person
           For the purposes of paragraph 3 (9) (a) of the Act, the amount
           that is to be taken, for the purposes of the Act, to be the amount
           of daily rate of pay applicable in relation to a class of persons
           in which a convicted person is included, is:
          (a) where the convicted person is a person included in the
                class of persons comprising defence members rendering
                continuous full-time service — the amount of the daily
                rate of salary payable to that person under the
                determination applicable to the person under section 58B
                or 58H of the Defence Act 1903 as in force on the day on
                which that person was convicted; or
          (b) where the convicted person is a person included in the
                class of persons comprising defence members who are not
                rendering continuous full-time service — the amount that
                is the daily rate of pay that would be payable to that
                person under the determination that would, if the
                convicted person were rendering service other than
                continuous full-time service, be applicable to the person
                under section 58B or 58H of the Defence Act 1903 as in
                force on the day on which that person was convicted.

32        Chaplains — notional rank
          For the purposes of subsection 6 (2) of the Act, in matters
          relating to the discipline of a member of the Defence Force
          who is a chaplain:
          (a) a Chaplain 4th Class in the Army shall be deemed to hold
               the rank of Captain in the Army and a Chaplain in the
               Navy or Air Force with less than 4 years service in the
               Defence Force as a Chaplain shall be deemed to hold a
               rank equivalent to that rank;




24                 Defence Force Discipline Regulations 1985




                  Federal Register of Legislative Instruments F2005C00182
                                                    Miscellaneous               Part IV


                                                                        Regulation 33


     (b) a Chaplain 3rd Class in the Army shall be deemed to hold
         the rank of Major and a Chaplain in the Navy or Air Force
         with not less than 4 years service but less than 14 years
         service as a Chaplain shall be deemed to hold a rank
         equivalent to that rank;
     (c) a Chaplain 2nd Class in the Army shall be deemed to hold
         the rank of Lieutenant-Colonel and a Chaplain in the Navy
         or Air Force with not less than 14 years service but less
         than 20 years service as a Chaplain shall be deemed to
         hold a rank equivalent to that rank;
     (d) a Chaplain 1st Class in the Army shall be deemed to hold
         the rank of Colonel and a Chaplain in the Navy or Air
         Force with not less than 20 years service as a Chaplain
         shall be deemed to hold a rank equivalent to that rank; and
     (e) a Principal Chaplain in the Army shall be deemed to hold
         the rank of Brigadier and a Principal Naval Chaplain or a
         Principal Air Chaplain shall be deemed to hold a rank
         equivalent to that rank.

33   Members receiving instruction or training
      For the purposes of subsection 6 (2) of the Act, Schedule 3 of
      the Act, so far as it relates to members receiving instruction or
      training, is modified:
     (a) by inserting in Table B of Schedule 3 “(other than an officer
           cadet),” after “Officer”;
     (b) by omitting from Table B of Schedule 3:
           “Officer of or below the rank of     Fine exceeding the        Fine not exceeding
           lieutenant in the Navy, captain      amount of the             the amount of the
           in the Army or flight lieutenant     convicted person’s        convicted person’s
           or warrant officer                   pay or 7 days but not     pay for 7 days
                                                exceeding the amount      Severe reprimand
                                                of the convicted          Reprimand”
                                                person’s pay for
                                                14 days




              Defence Force Discipline Regulations 1985                              25




             Federal Register of Legislative Instruments F2005C00182
Part IV         Miscellaneous


Regulation 33



                and substituting:
                “Officer of or below the rank of    Fine exceeding the       Fine not exceeding
                lieutenant in the Navy, captain     amount of the            the amount of the
                in the Army or flight lieutenant    convicted person’s       convicted person’s
                or warrant officer                  pay for 7 days but not   pay for 7 days
                                                    exceeding the amount     Severe reprimand
                                                    of the convicted         Reprimand
                                                    person’s pay for 14
                                                    days
                Officer cadet                       Fine exceeding the       Fine not exceeding
                                                    amount of the            the amount of the
                                                    convicted person’s       convicted person’s
                                                    pay for 7 days but not   pay for 7 days
                                                    exceeding the amount     Severe reprimand
                                                    of the convicted         Restriction of
                                                    person’s pay for         privileges for a
                                                    14 days                  period not
                                                                             exceeding 14 days
                                                                             Stoppage of leave
                                                                             for a period not
                                                                             exceeding 21 days
                                                                             Extra duties for a
                                                                             period not
                                                                             exceeding 3 days
                                                                             Reprimand”;


          (c) by omitting from Table C of Schedule 3:
                “A subordinate summary              Sailor of the rank of    Fine not exceeding
                authority who is:                   leading seaman           the amount of the
                (a) an officer of the Navy of or                             convicted person’s
                    above the rank of                                        pay for 7 days
                    commander; or                                            Severe reprimand
                (b) an officer of the Navy of or                             Stoppage of leave
                    above the rank of lieutenant                             for a period not
                    holding an appointment of                                exceeding 21 days
                    Executive Officer of a ship                              Reprimand
                    or naval establishment




26                 Defence Force Discipline Regulations 1985




                 Federal Register of Legislative Instruments F2005C00182
                                        Miscellaneous               Part IV


                                                            Regulation 33



                                    Sailor below the rank     Fine not exceeding
                                    of leading seaman         the amount of the
                                                              convicted person’s
                                                              pay for 7 days
                                                              Severe reprimand
                                                              Restriction of
                                                              privileges for a
                                                              period not
                                                              exceeding 14 days
                                                              Stoppage of leave
                                                              for a period not
                                                              exceeding 21 days
                                                              Extra duties for a
                                                              period not
                                                              exceeding 3 days
                                                              Reprimand”

and substituting:
“A subordinate authority who        Officer cadet of the      Fine not exceeding
is:                                 rank of midshipman        the amount of the
(a) an officer of the Navy of or                              convicted person’s
    above the rank of                                         pay for 3 days
    commander; or                                             Severe reprimand
(b) an officer of the Navy of or                              Restriction of
    above the rank of lieutenant                              privileges for a
    holding an appointment of                                 period not
    Executive Officer of a ship                               exceeding 7 days
    or naval establishment                                    Stoppage of leave
                                                              for a period not
                                                              exceeding 7 days
                                                              Extra duties for a
                                                              period not
                                                              exceeding 3 days
                                                              Reprimand
                                    Sailor of the rank of     Fine not exceeding
                                    leading seaman            the amount of the
                                                              convicted person’s
                                                              pay for 7 days
                                                              Severe reprimand
                                                              Stoppage of leave
                                                              for a period not
                                                              exceeding 21 days
                                                              Reprimand




   Defence Force Discipline Regulations 1985                             27




 Federal Register of Legislative Instruments F2005C00182
Part IV           Miscellaneous


Regulation 33A



                                                      Sailor below the rank   Fine not exceeding
                                                      of leading seaman       the amount of the
                                                                              convicted person’s
                                                                              pay for 7 days
                                                                              Severe reprimand
                                                                              Restriction of
                                                                              privileges for a
                                                                              period not
                                                                              exceeding 14 days
                                                                              Stoppage of leave
                                                                              for a period not
                                                                              exceeding 21 days
                                                                              Extra duties for a
                                                                              period not
                                                                              exceeding 3 days
                                                                              Reprimand”;


          and
           (d) by omitting from Table C of Schedule 3:
               “Member below non-commissioned rank”
               and substituting:
               “Officer cadet or member below non-commissioned rank”.

33A        Form of oath or affirmation
           For the purposes of subsection 86A (2) of the Act, the
           prescribed form of oath or affirmation is Form 1A in
           Schedule 2.

34         Service of summons etc
           A summons that is required by subsection 87 (2) or 88 (2) of
           the Act or a notice that is required by subsection 98 (6) or
           99 (3) of the Act to be served on a natural person shall be
           served:
          (a) by delivering the summons or notice to that person
                personally;
          (b) in the case of a notice — by prepaying and posting the
                notice as a letter addressed to that person at the person’s
                last-known place of residence or business or, if the person
                is carrying on business at 2 or more places, at one of those
                places;


28                   Defence Force Discipline Regulations 1985




                   Federal Register of Legislative Instruments F2005C00182
                                                         Miscellaneous              Part IV


                                                                            Regulation 35A


          (c) by leaving the summons or notice at the last known place
              of residence of that person with some person apparently
              resident at that place and apparently not less than 16 years
              of age; or
          (d) by leaving the summons or notice at the last-known place
              of business of that person or, if the person is carrying on
              business at 2 or more places, at one of those places with
              some person apparently in the service of that person and
              apparently not less than 16 years of age.

35        Power of arrest: service policemen and others
      (1) For the purposes of paragraph 89 (2) (d) of the Act:
          (a) a police member who is not an officer; or
          (b) a person, who is not an officer, lawfully exercising
                authority under or on behalf of a service police officer;
           does not have power of arrest over an officer unless the service
           offence concerned is mutiny or a service offence involving
           disorderly or violent behaviour.
      (2) For the purposes of paragraph 89 (2) (d) of the Act:
          (a) a police member who is not a prescribed officer; or
          (b) a person, who is not a prescribed officer, lawfully
               exercising authority under or on behalf of a service police
               officer;
           does not have power of arrest over a defence civilian.
      (3) In subregulation (2), prescribed officer means an officer, a
          service police warrant officer or a service police non-
          commissioned officer.

35A       Form of oath or affirmation
          For the purposes of subsection 101AA (2) of the Act, the
          prescribed form of oath or affirmation is Form 1A in
          Schedule 2.




                   Defence Force Discipline Regulations 1985                            29




                  Federal Register of Legislative Instruments F2005C00182
Part IV          Miscellaneous


Regulation 36



36        Form of caution for purposes of subsection 101D (2)
          of the Act
          For the purposes of subsection 101D (2) of the Act, the
          prescribed form of caution is Form 1 in Schedule 2.

37        Prescribed places for purposes of section 101F of
          the Act
          Each of the places specified in Schedule 3 is prescribed for the
          purposes of section 101F of the Act.

38        Form of acknowledgment of record of interview
           For the purposes of paragraph 101K (3) (a) of the Act, a record
           of interview of an accused is acknowledged in the prescribed
           manner if, where the record of interview is:
          (a) not more than one page — the accused signs an
                acknowledgment endorsed at the end of that page that the
                record is a full and correct record; or
          (b) more than one page — the accused signs an
                acknowledgment endorsed at the end of the last of those
                pages that the record is a full and correct record and signs
                the end of each other page.

39        Form of certificate for purposes of sub-subparagraph
          101K (4) (d) (ii) (B) of the Act
          For the purposes of sub-subparagraph 101K (4) (d) (ii) (B) of
          the Act, the prescribed form of certificate is Form 2 in
          Schedule 2.

40        Form of explanation for purposes of paragraph
          101K (4) (e) of the Act
          For the purposes of paragraph 101K (4) (e) of the Act, the
          prescribed form of explanation is Form 3 in Schedule 2.




30                 Defence Force Discipline Regulations 1985




                  Federal Register of Legislative Instruments F2005C00182
                                                        Miscellaneous             Part IV


                                                                           Regulation 45



41       Prescribed class of persons for purposes of
         paragraph 101K (14) (a) of the Act
     (1) For the purposes of paragraph 101K (14) (a) of the Act, each of
         the following classes of persons is prescribed, namely, officers,
         warrant officers and non-commissioned officers (not below the
         rank of sergeant or equivalent), other than service policemen or
         members who hold a rank below the rank held by the
         investigating officer conducting the interview in respect of
         which that paragraph is applied.
     (2) In subregulation (1), investigating officer has the same
         meaning as in Part VI of the Act.

42       Form of acknowledgment for purposes of
         subsection 101N (2) of the Act
         For the purposes of subsection 101N (2) of the Act, the
         prescribed form of acknowledgment is Form 4 in Schedule 2.

43       Form of acknowledgment for purposes of
         subsection 101ZA (2) of the Act
         For the purposes of subsection 101ZA (2) of the Act, the
         prescribed form of acknowledgment is Form 5 in Schedule 2.

44       Prescribed service offences for purposes of
         paragraph 104 (b) of the Act
          For the purposes of paragraph 104 (b) of the Act, each of the
          following service offences is prescribed:
         (a) a service offence in respect of which a person is liable to
               more than 2 years imprisonment, other than an offence to
               which subsection 43 (1) or section 47C, 47P, 48 or 52
               applies;
         (b) an offence to which section 18, 36, 39 or 58 applies.

45       Prescribed class of officers for the purposes of
         paragraph 108 (4) (a) of the Act
         For the purposes of paragraph 108 (4) (a) of the Act, the
         following class of officers is prescribed, namely, officer cadets.

                  Defence Force Discipline Regulations 1985                           31




                 Federal Register of Legislative Instruments F2005C00182
Part IV          Miscellaneous


Regulation 45A



45A       Remuneration for Deputy Judge Advocates General
          (Act s 185)
           For the purposes of subsection 185 (1) of the Act, the
           remuneration to be paid to a Deputy Judge Advocate General
           for work done as a Deputy Judge Advocate General on a day
           is:
          (a) if the work takes less than 6 hours on the day — $375 for
               each hour, or part of an hour, worked on the day; and
          (b) if the work takes 6 hours or more on the day — $2,250 for
               the work done on the day.
          Note 1 This regulation does not apply to a Deputy Judge Advocate General
          who is a Justice or Judge of a federal court, or a Supreme Court of a State or
          Territory, and who is receiving salary or annual allowances as such a Justice
          or Judge — see subs 185 (4) of the Act.
          Note 2 If a Deputy Judge Advocate General is a defence member, and the
          remuneration to which he or she would be entitled under this regulation
          exceeds the pay to which he or she is entitled as a defence member, he or
          she is entitled to receive in respect of his or her office as a Deputy Judge
          Advocate General, only an amount equal to the excess — see subs 185 (5)
          of the Act.


46        Fees
           For the purposes of subsections 195 (1) and (2) of the Act, the
           prescribed fee for the supply of a copy of the record of the
           proceedings of a trial is:
          (a) where the number of pages copied does not exceed 50 —
                $12; or
          (b) where the number of pages copied exceeds 50 — $12 plus
                10 cents for each page copied in excess of 50.

47        Record of previous convictions
      (1) The service chief of each arm of the Defence Force shall, in
          respect of each member of the Defence Force in that arm, for
          the purposes of facilitating compliance with subsection 70 (2)
          of the Act, cause to be kept a record of the convictions of the
          member for service offences, civil court offences and overseas
          offences.




32                  Defence Force Discipline Regulations 1985




                  Federal Register of Legislative Instruments F2005C00182
                                                  Miscellaneous             Part IV


                                                                     Regulation 47


(2) The service chief of an arm of the Defence Force shall, at the
    request of a member of the Defence Force serving in that arm,
    cause to be made available to the member a copy of any record
    kept under this regulation in respect of that member.




            Defence Force Discipline Regulations 1985                           33




           Federal Register of Legislative Instruments F2005C00182
Schedule 1      Modifications of the provisions of the Evidence Ordinance 1971 of
                the Australian Capital Territory in its application to proceedings
                before Service Tribunals




Schedule 1                    Modifications of the
                              provisions of the Evidence
                              Ordinance 1971 of the
                              Australian Capital Territory in
                              its application to proceedings
                              before Service Tribunals
                              (regulation 29)



Sections 2, 3, 4 and 5 —
Omit the sections.

Section 6 —
Omit the definition of document, substitute the following definition:
       document includes:
         (a) any paper or other material on which there is writing;
         (b) any paper or other material on which there are marks,
              figures, symbols or perforations having a meaning for
              persons qualified to interpret them; and
         (c) any article or material from which sounds, images or
               writings are capable of being reproduced with or without
               the aid of any other article or device.

Section 7 —
Omit the section.

Section 26 —
Omit the section.

Section 27 —
Omit the section.



34                   Defence Force Discipline Regulations 1985




                    Federal Register of Legislative Instruments F2005C00182
  Modifications of the provisions of the Evidence Ordinance 1971 of           Schedule 1
    the Australian Capital Territory in its application to proceedings
                                             before Service Tribunals




Sections 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51 —
Omit the sections.

Section 54 —
Omit the section.

Section 55 —
Omit the section.

Section 67 —
Omit the section, substitute the following section:

67         Admission by accused person
           “In proceedings before a service tribunal, if the person charged
           with an offence makes an admission of a fact or other matter
           the service tribunal may accept the admission as sufficient
           evidence of that fact or other matter without further proof
           unless the tribunal is satisfied that it would be unfair to the
           person to accept the admission.”.

Section 68 —
Omit the section.

Sections 72 and 73 —
Omit the sections.

Section 74 —
Omit the section, substitute the following section:




                      Defence Force Discipline Regulations 1985                      35




                    Federal Register of Legislative Instruments F2005C00182
Schedule 1         Modifications of the provisions of the Evidence Ordinance 1971 of
                   the Australian Capital Territory in its application to proceedings
                   before Service Tribunals




74           Failure to give evidence
             “(1) In proceedings before a court martial, the failure of the
                  person charged or his or her spouse to give evidence shall
                  not be made he subject of comment by the prosecution.
             “(2) Where in proceedings before a court martial —
             (a) 2 or more persons are being tried together; and
             (b) comment is made by or on behalf of any of those persons
                  on the failure of any of those persons or of the spouse of
                  any of those persons to give evidence,
             the judge advocate may make such observations to the court
             martial in regard to the comment or failure to give evidence as
             the judge advocate thinks fit.”.

Section 75 —
Omit the section, substitute the following section:

75           Certificates of scientific examinations
          “In proceedings before a service tribunal, other than
          proceedings by way of trying a charge, a certificate in writing
          signed by a qualified person who has examined an article or
          body setting out —
         (a) the person’s qualifications;
         (b) the place and time of the examination;
         (c) if a particular method was used to effect the examination,
               a brief description of that method; and
         (d) the facts that the person ascertained in the course of the
               examination and the conclusions that the person reached,
          is admissible in evidence of the matters set out in the
          certificate.”.

Sections 77, 78, 79, 80, 81, 82, 83, 84 and 85 —
Omit the sections.




36                   Defence Force Discipline Regulations 1985




                    Federal Register of Legislative Instruments F2005C00182
  Modifications of the provisions of the Evidence Ordinance 1971 of           Schedule 1
    the Australian Capital Territory in its application to proceedings
                                             before Service Tribunals




Section 90 —
Omit the section.

Section 91 —
Omit the section.

Section 92 —
Add at the end of the section the following subsection:

    “(2) In any proceedings a map, chart or plan purporting to be
         published by or on behalf of the Commonwealth or of a State
         or Territory or of the government of another country is
         evidence of the matters set out on the map, chart or plan unless
         the contrary is proved.”.

Subsection 94 (1) —
Omit “a Commonwealth country”, substitute “another country”.




                      Defence Force Discipline Regulations 1985                      37




                    Federal Register of Legislative Instruments F2005C00182
Schedule 2        Forms


Form 1A




Schedule 2                   Forms

Form 1A
(regulations 33A and 35A)

Form of oath
I swear by Almighty God that the information I am about to give shall be
the truth, the whole truth and nothing but the truth.
Form of affirmation
I do solemnly, sincerely and truly declare and affirm that the information
I am about to give shall be the truth, the whole truth and nothing but the
truth.




38                   Defence Force Discipline Regulations 1985




                   Federal Register of Legislative Instruments F2005C00182
                                                                 Forms     Schedule 2


                        Caution to person charged or summoned                 Form 1




Form 1          Caution to person charged or summoned
                (regulation 36)

Commonwealth of Australia
Defence Force Discipline Act 1982

Pursuant to section 101D of the Defence Force Discipline Act 1982, you
are cautioned that:
          (a) you are not obliged to, but you may if you wish, answer
               any questions, or do anything, asked of you by an
               investigating officer, and anything said or done by you
               may be used in evidence;
          (b) you may communicate with a legal practitioner and have,
               as provided by Part VI of that Act, the assistance of a legal
               practitioner while you are being questioned; and
          (c) you may, as provided in Part VI of that Act, communicate
               with a relative or friend.




                   Defence Force Discipline Regulations 1985                      39




                 Federal Register of Legislative Instruments F2005C00182
Schedule 2              Forms


Form 2                  Certificate of appropriate witness




Form 2                 Certificate of appropriate witness
                       (regulation 39)

Commonwealth of Australia
Defence Force Discipline Act 1982

I,................................................ of .....................................................
    (Name of appropriate witness) (Residential address of appropriate
                                                                             witness)
in the .......................................... , being ........................................... ,
         (State or Territory)                  (qualification of appropriate witness under
.......................................................................................... , certify that
subsection 101K (14) of the Defence Force Discipline Act 1982)
paragraphs 101K (4) (b) and (c) of the Defence Force Discipline Act
1982 were complied with in my presence and that the record of what was
said by and to ......................................................................................
                                           (Name of accused)
as a result of compliance with paragraph 101K (4) (c) is a full and correct
record.
          Dated                           19
                                                        ..........................................................
                                                          (Signature of appropriate witness)




40                         Defence Force Discipline Regulations 1985




                         Federal Register of Legislative Instruments F2005C00182
                                                                 Forms     Schedule 2


                                             Explanation to accused           Form 3




Form 3          Explanation to accused
                (regulation 40)

Commonwealth of Australia
Defence Force Discipline Act 1982
The following is the form of explanation to be given to an accused
person of the procedure that will be followed for the purpose of
compliance with paragraphs 101K (4) (b), (c) and (d) of the Defence
Force Discipline Act 1982 in respect of a record made of an interview
with the accused:

1. You have been given a copy of the record of the interview with you.
The record will be read to you in the language used by you during the
interview.
2. You may interrupt the reading of the record of interview at any
time for the purpose of drawing attention to any error or omission
that you claim has been made in or from the record and, at the end of
the reading, you will be given an opportunity of stating whether you
claim that there are any errors in or omissions from the record, in
addition to any to which you have drawn attention during the reading.
Where a sound recording is made:
3. 2 sound recordings of the reading referred to in paragraph 1 will
be made by the one multiple sound recording apparatus and of
everything said by and to you as a result of compliance with the
matters raised in paragraph 2.
4.   You will be handed one of the sound recordings.
5. The other recording will be retained by the Defence Force and may
be used in evidence.
6. You should make arrangements for the safe-keeping of the recording
handed to you so that it will be available for comparison with the
sound recording retained by the Defence Force and, if you so request,
you will be afforded an opportunity to make arrangements for the
safe-keeping of your recording on your behalf.


                  Defence Force Discipline Regulations 1985                       41




                 Federal Register of Legislative Instruments F2005C00182
Schedule 2      Forms


Form 3          Explanation to accused




7. If you or your legal practitioner so request, you or your legal
practitioner will, as soon as practicable, be provided with reasonable
facilities to enable the sound recording to be reproduced in sound.

OR, where a sound recording is not made but an appropriate
witness is present:

3. An appropriate witness will be present during the reading of the
record of interview referred to in paragraph 1 or when anything is
said by or to you as a result of compliance with paragraph 2 and a
record in writing will be made of everything said by and to you as a
result of compliance with paragraph 2 while it is being said or as
soon as practicable thereafter (persons who can be appropriate
witnesses include a legal practitioner advising you, or a relative or
friend present at your request).
4. The appropriate witness will sign a prescribed form of certificate
certifying that the requirements of paragraphs 101K (4) (b) and (c) of
the Act have been complied with in the presence of the witness and
that the record is a full and correct record.




42                 Defence Force Discipline Regulations 1985




                 Federal Register of Legislative Instruments F2005C00182
                                                                              Forms             Schedule 2


            Acknowledgment of suspect in relation to the holding of an                               Form 4




Form 4                  Acknowledgment of suspect in relation
                        to the holding of an identification parade
                        (regulation 42)

Commonwealth of Australia
Defence Force Discipline Act 1982
I,....................................................... of......................................................
                (Name of suspect)                                       (Residential address of
                                                                                  suspect)
in the ............................................... , acknowledge that I was informed, on
                  (State or Territory)
............................................................ at ............................................ that:
                         (Date)                                                 (Time)
       (a) I am entitled to refuse to agree to the holding of an identification
       parade for the purpose of ascertaining whether a witness to a relevant
       act in relation to a service offence can identify me as a relevant
       person in relation to that act;
       (b) if I do not agree to the holding of the parade and to take part in
       the parade, evidence may be given, in any proceedings with respect
       to the service offence, of any identification of me by a witness as a
       result of:
                 (i) having seen a photograph or series of photographs; or
               (ii) having seen me otherwise than during an identification
                        parade;
       (c) if I do take part in the identification parade, evidence may
       begiven, in any proceedings with respect to the service offence:
                 (i) of any identification made by the witness;
               (ii) of any doubts expressed by the witness, during or
                        immediately following the holding of the parade; and
              (iii) of any unfairness in the conducting of the parade; and
       (d) I may have present, during the holding of the parade, a legal
       practitioner or other person of my choice if arrangements can be
       made for the legal practitioner or other person to be present within a
       reasonable time.



                            Defence Force Discipline Regulations 1985                                      43




                          Federal Register of Legislative Instruments F2005C00182
Schedule 2   Forms


Form 4       Acknowledgment of suspect in relation to the holding of an




Dated              19
                                                ...................................................
                                                    (Signature of suspect giving
                                                        this acknowledgment)




44             Defence Force Discipline Regulations 1985




              Federal Register of Legislative Instruments F2005C00182
                                                                     Forms             Schedule 2


                           Acknowledgement of consent to search                             Form 5




Form 5          Acknowledgement of consent to search
                (regulation 43)

Commonwealth of Australia
Defence Force Discipline Act 1982
I, (full name) acknowledge that:
(a) I have been informed that I may refuse to give my consent, in
       relation to the investigation of a service offence:
       *(i) to be searched;
       *(ii) to the search of the clothing worn by me;
       *(iii) to the search of property under my immediate control;
       *(iv) as the occupier, to the entry and search of the
              *land/ *premises known as (address or location of
              land/premises);
       *(v) as the person in charge, to the entry and search of the
              *ship/ *aircraft/ *vehicle, being (name, registration number
              or other means of identification of the ship, aircraft or
              vehicle; if appropriate, describe the part to be searched) and
              now located at (present location of ship, aircraft or vehicle);
              and
(b) I have, on (date) at (place and time) voluntarily given my consent,
       in relation to the investigation of a service offence:
       *(i) to be searched;
       *(ii) to the search of the clothing worn by me;
       *(iii) to the search of the property under my immediate control;
       *(iv) to the entry and search of the *land/ *premises described in
                  subparagraph (a) (iv);
       *(v) to the entry and search of the *ship/ *aircraft/ *vehicle
                  described in subparagraph (a) (v).
Dated                      19 .
                            ...........................................................................
                                           (Signature of person giving this
                                                       acknowledgement)



                   Defence Force Discipline Regulations 1985                                       45




                  Federal Register of Legislative Instruments F2005C00182
Schedule 2      Forms


Form 5          Acknowledgement of consent to search




*Omit if inapplicable




46                Defence Force Discipline Regulations 1985




                 Federal Register of Legislative Instruments F2005C00182
                                                                               Forms             Schedule 2


                                             Appointment of authorised tester                         Form 6




Form 6                  Appointment of authorised tester
                        (subregulations 25A (4) and (8))

Commonwealth of Australia
Defence Force Discipline Act 1982


                                             (full name)
I,...................................................................................................... , a

                                                 (rank)
................................................................................................... in the

                                                (force)
................................................................................................... ,
acting under regulation 25A of the Defence Force Discipline
Regulations, hereby appoint
                                                  (full name)
...................................................................................................................
an electrical engineer* /electronic technician*, as an authorised tester for
the purposes of that regulation.
                                                                              (Signature)
                                                               ......................................................
                                                                                  (Rank)
                                                               ......................................................
                                                                                  (Date)
                                                               ......................................................

*Strike out whichever is inapplicable.




                            Defence Force Discipline Regulations 1985                                          47




                          Federal Register of Legislative Instruments F2005C00182
Schedule 2               Forms


Form 7                   Certificate of testing of speed measuring device (valid for 12




Form 7                  Certificate of testing of speed measuring
                        device (valid for 12 months)
                        (subregulation 25A (9))

Commonwealth of Australia
Defence Force Discipline Act 1982

                                                (full name)
I,...............................................................................................................
certify that:
     (a) I have been appointed as an authorised tester for the purposes
           of regulation 25A of the Defence Force Discipline Regulations,
           and to the best of my knowledge and belief that appointment
           has not been revoked;
     (b) I have this day tested a speed measuring device of the
           following type:

                                   (type of radar device)
          ................................................................................and bearing
          the following identification number or symbols:
                                (identification number or symbols)
          .................................................................................................;
      (c) I tested the speed measuring device in accordance with
          subregulation 25A (5) or (5A), and ascertained that the device
          met the criteria specified in paragraph 25A (5) (a) or (5A) (a) of
          those regulations; and
      (d) upon completion of the test, I sealed the speed measuring
          device in accordance with subregulation 25A (6) of those
          Regulations.

                                                                          (Signature)
                                                        ......................................................
                                                                     Authorised tester
                                                                             (Date)
                                                        ......................................................



48                          Defence Force Discipline Regulations 1985




                          Federal Register of Legislative Instruments F2005C00182
                                                                               Forms             Schedule 2


               Certificate of having operated a speed measuring device                                Form 8




Form 8                  Certificate of having operated a speed
                        measuring device
                        (subregulation 25A (10))

Commonwealth of Australia
Defence Force Discipline Act 1982

                                                (full name)
I,............................................................................................................. ,
certify that:
       (a) I am a police member for the purposes of the above Act;
                                                               (time of day)
       (b) I have this day at...................................................................... at
                                                 (place of operation)
               ....................................................................................................
               operated a speed measuring device within the meaning of
               regulation 25A of the Defence Force Discipline Regulations,
               bearing identification number or symbols ....................................
                    (identification number or symbols)
               ............................................................. , in accordance with
               subregulation 25A (7) or (7A).
       (c) while I so operated the speed measuring device I measured the
               speed of a motor vehicle of the make
                                                            (make of vehicle)
               ....................................................................................................
                                                            (registration number)
               and bearing registration number...................................................
               and that the speed at which that vehicle was then moving, as
               displayed on the digital speed
                                                                     (speed)
               display of the device, was ............................................................
               kilometres per hour; and




                            Defence Force Discipline Regulations 1985                                       49




                          Federal Register of Legislative Instruments F2005C00182
Schedule 2      Forms


Form 8          Certificate of having operated a speed measuring device




     (d) as soon as was practicable I recorded that speed and that make
         and registration number, and the speed, make and registration
         number stated in this certificate conform with the speed, make
         and registration number that I so recorded.

                                                                          (Signature)
                                                             ........................................
                                                                       Police member
                                                                             (Date)
                                                             ........................................




50                Defence Force Discipline Regulations 1985




                 Federal Register of Legislative Instruments F2005C00182
        Prescribed places for purposes of section 101F of the Act           Schedule 3




Schedule 3                  Prescribed places for
                            purposes of section 101F of
                            the Act
                            (regulation 37)


New South Wales                                   Victoria
Albury                                            Crib Point
Balmoral                                          Laverton
Concord                                           Melbourne City
Garden Island                                     Point Cook
Georges Heights                                   Port Melbourne
Glenbrook                                         Puckapunyal
Holsworthy                                        Queenscliff
Ingleburn                                         Sale
Kingswood                                         Sorrento
Lismore                                           South Melbourne
Liverpool                                         Tottenham
Manly                                             Williamstown
Moorebank                                         Wodonga
Neutral Bay
                                                  Queensland
Newcastle
Nowra                                             Amberley
Paddington                                        Brisbane City
Parkes                                            Cairns
Parramatta                                        Canungra
Penrith                                           Enoggera
Pymble                                            Oakey
Quaker’s Hill                                     Rockhampton
Randwick                                          Toowoomba
Regents Park                                      Townsville
Richmond                                          South Australia
Singleton
Wagga Wagga                                       Adelaide City
Watson’s Bay                                      Edinburgh
Waverton                                          Port Adelaide
Williamtown                                       Woodside


                   Defence Force Discipline Regulations 1985                       51




                  Federal Register of Legislative Instruments F2005C00182
Schedule 3      Prescribed places for purposes of section 101F of the Act




Western Australia
Exmouth
Fremantle
Garden Island
Karrakatta
Northam
Pearce
Perth City
Swanbourne
Tasmania
Hobart
Launceston
Northern Territory
Darwin
Australian Capital Territory
Canberra
Jervis Bay




52                  Defence Force Discipline Regulations 1985




                 Federal Register of Legislative Instruments F2005C00182
                            Notes to the Defence Force Discipline Regulations 1985


                                                                 Table of Instruments



Notes to the Defence Force Discipline
Regulations 1985
Note 1
The Defence Force Discipline Regulations 1985 (in force under the
Defence Force Discipline Act 1982) as shown in this compilation
comprise Statutory Rules 1985 No. 125 amended as indicated in the
Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1
January 2005, it is a requirement for all non-exempt legislative
instruments to be registered on the Federal Register of Legislative
Instruments. From 1 January 2005 the Statutory Rules series ceased to
exist and was replaced with Select Legislative Instruments (SLI series).
Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Year and         Date of                 Date of                          Application,
number           notification            commencement                     saving or
                 in Gazette or                                            transitional
                 FRLI registration                                        provisions
1985 No. 125     20 June 1985            3 July 1985
1985 No. 332     12 Dec 1985             12 Dec 1985                      —
1986 No. 46      4 Apr 1986              4 Apr 1986                       —
1989 No. 97      26 May 1989             26 May 1989                      —
1989 No. 218     23 Aug 1989             23 Aug 1989                      —
1990 No. 208     4 July 1990             4 July 1990                      —
1992 No. 314     7 Oct 1992              7 Oct 1992                       —
1997 No. 41      12 Mar 1997             12 Mar 1997                      —
1999 No. 357     22 Dec 1999             22 Dec 1999                      —
2001 No. 278     5 Oct 2001              15 Dec 2001                      R. 2 (rs. by Act
                                                                          No. 135, 2003,
                                                                          Sch. 3 (item 1))
2002 No. 7       21 Feb 2002             21 Feb 2002                      —
2005 No. 46      29 Mar 2005 (see        30 Mar 2005                      —
                 F2005L00766)




                  Defence Force Discipline Regulations 1985                              53




                Federal Register of Legislative Instruments F2005C00182
 Notes to the Defence Force Discipline Regulations 1985


 Table of Amendments




Table of Amendments
ad. = added or inserted           am. = amended      rep. = repealed    rs. = repealed and substituted

Provision affected                         How affected
Part I
R. 1....................................   rs. 1999 No. 357
R. 3A ................................     ad.2001 No. 278
Part II
Division 2
R. 5....................................   am. 1997 No. 41
R. 13..................................    rs. 1986 No. 46
R. 17..................................    am. 1986 No. 46
Division 3
R. 23..................................    am. 1997 No. 41
Part III
Heading to r. 25A ...............          rs. 2005 No. 46
R. 25A ...............................     ad. 1989 No. 97
                                           am. 1990 No. 208; 2005 No. 46
Heading to r. 25B ...............          rs. 2005 No. 46
R. 25B ...............................     ad. 1989 No. 97
                                           am. 2001 No. 278; 2002 No. 7; 2005 No. 46
Part IV
R. 31..................................    am. 1989 No. 218
R. 33A ...............................     ad. 1985 No. 332
R. 35..................................    am. 2005 No. 46
R. 35A ...............................     ad. 1985 No. 332
R. 44 .................................    am. 2002 No. 7
R. 45A ...............................     ad. 1999 No. 357
R. 47..................................    am. 1997 No. 41
Schedule 2
Form 1A
Form 1A.............................       ad. 1985 No. 332
Form 5
Form 5 ...............................     rs. 1992 No. 314
Form 6
Form 6 ...............................     ad. 1989 No. 97
Form 7
Heading to Form 7..............            rs. 2005 No. 46
Form 7 ...............................     ad. 1989 No. 97
                                           am. 2005 No. 46




54                              Defence Force Discipline Regulations 1985




                             Federal Register of Legislative Instruments F2005C00182
                                          Notes to the Defence Force Discipline Regulations 1985


                                                                           Table of Amendments



ad. = added or inserted         am. = amended      rep. = repealed     rs. = repealed and substituted

Provision affected                       How affected
Form 8
Heading to Form 8..............          rs. 2005 No. 46
Form 8 ...............................   ad. 1989 No. 97
                                         am. 2005 No. 46




                              Defence Force Discipline Regulations 1985                                 55




                            Federal Register of Legislative Instruments F2005C00182

				
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