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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  

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