Document ID: chunk:federal_register_of_legislation:C2024C00861:section:101k:p4
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 101K (pt 4/4)
Character Range: 291149–292850

the non‑compliance or insufficiency of evidence and any other relevant matters, the service tribunal or the judge advocate is satisfied that, in the special circumstances of the case, admission of the evidence would not be contrary to the interests of justice.
 (11) Where the judge advocate of a court martial, in pursuance of subsection (10), permits evidence to be given before the members of the court martial, the judge advocate shall, if he or she considers that the interests of justice so require, inform the members of the court martial of the non‑compliance with the requirements of this section, or of the absence of sufficient evidence of compliance with those requirements, and give the members of the court martial such warning concerning the evidence as he or she thinks appropriate in the circumstances.
 (12) A reference in this section to a multiple sound recording apparatus is a reference to a sound recording apparatus:
 (a) capable of making 2 or more recordings of the same sound at the one time; or
 (b) that, at the same time as, or immediately after, it makes one recording, automatically makes a copy of the recording.
 (13) A reference in this section to an interview includes a reference to any occasion on which anything is said by the accused in the presence of an investigating officer.
 (14) A reference in subsection (4) to an appropriate witness is a reference to:
 (a) a person included in a prescribed class of persons;
 (b) a legal practitioner advising the accused; or
 (c) a relative or friend of the accused who is present at the reading referred to in paragraph (4)(b) at the request or with the approval of the accused.

Division 4—Other investigative action