Commonwealth Consolidated Regulations

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DEFENCE (VISITING FORCES) REGULATIONS 1963 - REG 11

Civil detention of arrested persons

         (1)   Section 94 of the Defence Force Discipline Act 1982 applies with respect to a member of a visiting force of a country in relation to which section 8 of the Act applies charged with an offence triable by a service tribunal of the visiting force as if the member were a person arrested under the Defence Force Discipline Act 1982 and in the custody of a member of the Defence Force.

         (2)   Where a commanding officer or the senior member of an escort issues a certificate under section 94 of the Defence Force Discipline Act 1982 with respect to a member of a visiting force of a country in relation to which section 8 of the Act applies charged with an offence triable by a service tribunal of the visiting force, the commanding officer or senior member, as the case may be, shall issue a warrant for the temporary detention of that member in a civil detention facility.

         (3)   A warrant under subregulation (2) shall be in accordance with the Form in the Schedule.

         (4)   In this regulation civil detention facility has the same meaning as in the Defence Force Discipline Act 1982 .



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