Commonwealth Consolidated Acts

DEFENCE (VISITING FORCES) ACT 1963 - SECT 18

             (1)  Where the designated authority of a country in relation to which section 8 applies certifies in writing that, at a time specified in the certificate, a person so specified either was or was not a member of a visiting force of that country, that certificate is, in any proceedings in a court, sufficient evidence of the facts so certified, unless the contrary is proved.

             (2)  Where, in connexion with a charge against a person of having committed an offence against a law of Australia or of a State or Territory, the designated authority of a country in relation to which section 8 applies certifies in writing that the case can be dealt with under the service law of that country, that certificate is, in any proceedings in a court with respect to that charge, conclusive evidence, for the purposes of paragraph (b) of subsection (2) of section 9 of the matter so certified.

             (3)  Where the designated authority of a country in relation to which section 8 applies certifies in writing that a person specified in the certificate:

                     (a)  was, on a date so specified, sentenced by a service tribunal of that country to such punishment as is so specified;

                     (b)  is, or was at a time so specified, detained in custody in pursuance of a sentence passed upon him or her by a service tribunal of that country, or pending or during the trial by such a service tribunal of a charge brought against him or her; or

                     (c)  has been tried, at a time and place so specified, by a service tribunal of that country for an offence so specified;

that certificate is, in any proceedings in a court, conclusive evidence of the facts so certified.

             (4)  Where:

                     (a)  a person is charged with an offence against a law of Australia or of a State or Territory;

                     (b)  at the time when the offence is alleged to have been committed he or she was a member of a visiting force or a member of a civilian component of a visiting force; and

                     (c)  the Attorney‑General certifies in writing that the alleged offence, if committed by that person, arose out of and in the course of his or her duty as a member of that force or component, as the case may be;

that certificate is, in any proceedings in a court, sufficient evidence of the fact so certified, unless the contrary is proved.