Commonwealth Consolidated Regulations

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DEFENCE FORCE DISCIPLINE REGULATIONS 1985 - REG 26

Admissibility of evidence adduced before summary authority

         (1)   In proceedings before a summary authority in relation to a charge, evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

                (a)    the summary authority is satisfied that it would not be unfair to the person charged to admit that evidence; and

               (b)    that person consents to the evidence being admitted.

         (2)   In proceedings before a summary authority in relation to a charge, a record of the evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

                (a)    the summary authority is satisfied that it would not be unfair to the person charged to admit that record; and

               (b)    that person consents to the record being admitted.



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