DEFENCE FORCE DISCIPLINE APPEALS ACT 1955
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 4 Interpretation
- 5 Extension of Act to Territories
- 5A Application of the Criminal Code
PART II--DEFENCE--FORCE DISCIPLINE APPEAL TRIBUNAL
- 6 Defence Force Discipline Appeal Tribunal
- 7 Constitution of Tribunal
- 8 Qualification of members
- 8A Appointment of Judge as member of Tribunal not to affect tenure etc.
- 8B Arrangement for appointment of the holder of a judicial office of a State or the Northern Territory
- 9 Oath or affirmation of allegiance
- 10 Remuneration and allowances of members and deputies
- 11 Removal and suspension of members from office
- 12 Leave of absence and resignation
- 14 Sittings of the Tribunal
- 15 Exercise of powers of Tribunal
- 15A Reserved decision
- 16 Member ceasing to sit on an appeal
- 17 Single member may determine certain matters
- 18 Sittings of Tribunal to be in public
- 19 The Registrar
PART III--APPEALS--TO THE TRIBUNAL
Division 1--Bringing of appeals
- 20 Appeals to Tribunal
- 21 Time for lodging appeals etc.
- 22 Frivolous or vexatious appeals
Division 2--Determination of appeals
- 23 Quashing of conviction etc.
- 24 New trial
- 25 Custody of person pending new trial
- 26 Substitution of conviction for alternative offence
Division 3--Incidental powers of Tribunal
- 31 Supplementary powers
- 32 Arrest of witness for failing to appear
- 33 Power to examine upon oath
- 34 Payment of witnesses, special commissioners etc.
- 35 Warrants
- 36 Tribunal may obtain reports to assist in determination of appeals
- 37 Costs
- 38 Restitution orders, reparation orders and removal orders
Division 4--Miscellaneous
- 39 Representation of appellants and hearing of appeals
- 40 Protection and immunity of members of Tribunal and of certain other persons
- 41 Person deemed to have been acquitted
- 42 Defence of appeals
PART IV--OFFENCES--IN RELATION TO TRIBUNAL
- 43 Failure to attend or produce documents
- 44 Duty of witness to continue in attendance
- 45 Refusal to be sworn or give evidence
- 46 Offences against the Tribunal
- 47 Orders under section 18
- 48 Offences punishable by courts of summary jurisdiction
- 50 Contempt of the Tribunal
PART V--REFERENCES--AND APPEALS FROM THE TRIBUNAL TO THE FEDERAL COURT OF AUSTRALIA
- 51 Reference of questions of law to Federal Court of Australia
- 52 Appeal to Federal Court of Australia from decisions of the Tribunal
- 53 Custody orders and sending of documents to the Federal Court of Australia
- 54 Record of proceedings of Tribunal to be kept
PART VI--MISCELLANEOUS
- 58 Effect of this Act on Royal prerogative of mercy
- 60 Regulations