Document ID: chunk:federal_register_of_legislation:C2024C00861:section:138
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 138
Character Range: 404116–405547

138  Procedural powers
 (1) For the purposes of a proceeding before a service tribunal, the service tribunal may:
 (a) take evidence on oath or affirmation; and
 (b) adjourn a hearing from time to time and from place to place as appears to the tribunal to be necessary or expedient having regard to the administration of justice or the exigencies of service.
 (2) For the purposes of the hearing of a proceeding before a service tribunal, the appropriate authority may summon a person, in a manner provided for in the rules of procedure, to appear before the tribunal to give evidence and to produce such documents (if any) as are referred to in the summons.
 (3) For the purposes of the hearing of a proceeding before a service tribunal, a superior officer may order a defence member to appear before the tribunal to give evidence and to produce such documents (if any) as are referred to in the order.
 (4) A service tribunal or, if the service tribunal is a court martial, the President of the court martial:
 (a) may require a person appearing before the tribunal to give evidence either to take an oath or to make an affirmation; and
 (b) may administer, or cause to be administered, an oath or affirmation to a person so appearing before the tribunal.
 (5) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the evidence given by the person will be true.