Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p12
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 30664–33439

presented his or her defence; or

       (b)  could not reasonably have been foreseen by the prosecuting officer before the accused person presented his or her defence.
    (3)  The summary authority may, at any time before making a finding on the charge, call or recall a witness if the summary authority is satisfied that it is in the interests of justice to do so.
    (4)  If a witness is called or recalled in accordance with this rule, the accused person and the prosecuting officer may, if authorised by the summary authority, put questions to the witness.

Rule 31  Witness statement — exhibit when witness not available

A summary authority may accept the evidence of a witness as a written statement if that witness is not present to give oral testimony and if the other party does not object to the tendering of the statement.

Rule 32  Witness statement — exhibit when witness available

A witness statement made by a person who is present to give oral testimony must not be tendered as an exhibit unless:
       (a)  the maker of the statement testifies that the contents are true; or
       (b)  the maker of the statement verifies by statutory declaration that the contents are true; and
       (c)  the other party does not object to the tendering of the statement.

         Rule 33  Securing appearance of witness on behalf of accused person

The summary authority must take the steps necessary to secure the appearance at summary authority proceedings of persons reasonably required by the accused person:
       (a)  to appear to give evidence on the accused person's behalf; and
       (b)  to produce documents (if required) on the accused person's behalf.

Rule 34  Exclusion of witness from proceedings

    (1)  During summary authority proceedings, a witness must not, except by approval of the summary authority, be in the room where proceedings are being conducted before the witness is under examination.
    (2)  The summary authority may direct a witness giving evidence to leave the room where the hearing is taking place until the summary authority decides whether or not to allow an objection in relation to:
       (a) a question; or

       (b) the evidence given, or about to be given, by the witness.

    (3)  This rule does not require the accused person, the prosecuting officer, or a person representing the accused person, to be absent from the room where proceedings are being conducted, or to leave that room.

Rule 35  Payment of witness expenses

    (1)  If a person other than a member of the Defence Force is summoned to appear as a witness before a summary authority, the person must be paid the fees, and allowances for expenses, in relation to the person's attendance that:
       (a)  the summary authority considers