Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p15
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 38326–41145

the record of proceedings played.

Part 8  General summons provisions

Rule 42  Summons to witness

A summons under subsection 138(2) of the Act must specify:
       (a)  the name of the witness; and
       (b)  if the witness has an employee identification number and rank — the employee identification number and rank of the witness; and
       (c) the purpose for which the witness is required to appear before the summary authority; and
       (d)  the time and place at which the witness is required to appear.

         Rule 43  Instrument to summons a witness to attend a summary proceeding

A summons that is required by subsection 138(2) of the Act to be served on a person other than the accused person must substantially follow the manner of service outlined in the Defence Force Discipline Regulations 2018 at Regulation 41, as in force from time to time, and must be issued according to the instructions outlined in that Regulation.

         Rule 44  Personal service of summons on witness

    (1)  Personal service of a summons under this Part may be effected by serving on the witness:
       (a) the original summons; or
       (b) a copy of the summons.
    (2) If the witness refuses to accept personal service of the summons, service may be effected by leaving the summons in the presence of the witness.

         Rule 45  Time for service of summons on witness

A summons to be served on a witness under subsection 138 (2) of the Act must be served:
       (a)  in sufficient time for the attendance of the witness to be arranged; and
       (b)  subject to the exigencies of service, to allow the witness reasonable time to make arrangements for their attendance.

         Part 9 Application and transitional provisions

         Division 1 Amendments consequential on the Defence Legislation Amendment (Discipline Reform) Act 2021

         Rule 46 Application of amendments made by the Summary Authority Amendment Rules 2022

The amendments made to these Rules by the Summary Authority Amendment Rules 2022 apply in relation to a service offence committed, or alleged to have been committed, by a person at or after the commencement of Schedule 2 to the Defence Legislation Amendment (Discipline Reform) Act 2021.
Schedule 1  Rights and obligations
   (subrule 6(1)(a))

The following is the notice to be given to an accused person when they are charged with offences pursuant to the Defence Force Discipline Act 1982 (the Act), if that accused person is to appear before a summary authority in respect of those charges.

Notice to Accused

1.  You have been charged with the offence(s) that are set out in full in the attached Charge Sheet. It identifies the legislation you are alleged to have breached, the elements of your alleged offences and any statutory defences available to