Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 57

57. After section 130 of the Principal Act the following section is inserted:
Special proceedings before examining officers

"130A. (1) Subject to the rules of procedure, a commanding officer may, at any
stage of dealing with or trying a charge, direct an officer to hear evidence
in relation to the charge.

"(2) An officer directed under sub-section (1) to hear evidence in relation to
a charge shall be a legal officer.

"(3) The requirement set out in sub-section (2) applies only if the exigencies
of service permit.

"(4) Sections 52 and 53, sub-section 87 (5) and sections 138, 139, 146, 147,
148, 149 and 193 of this Act and Part VIII of the Defence Act 1903 have effect
in relation to an officer directed under sub-section (1) of this section to
hear evidence in relation to a charge (in this sub-section referred to as 'the
examining officer') and to proceedings before the examining officer as if the
examining officer were the commanding officer and those proceedings were
proceedings before the commanding officer.

"(5) Without limiting the generality of sub-section 146 (2), regulations made
by virtue of that sub-section may make provision for and in relation to the
admissibility, in proceedings before a service tribunal, of evidence adduced
in proceedings before an officer directed under sub-section (1) to hear
evidence in relation to a charge.".