Commonwealth Consolidated Regulations

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DEFENCE FORCE DISCIPLINE REGULATIONS 1985 - SCHEDULE 1

Modifications of provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before the Australian Military Court

(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.

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:

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.

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".



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