Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:7_30
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 7 cl 30
Character Range: 104009–105106

30  At the end of section 139
Add:

Exception—trial by summary authority

 (3) If:
 (a) a charge is to be tried by a summary authority; and
 (b) because of exceptional circumstances, the accused person is unable to attend the hearing of the charge; and
 (c) the accused person pleads guilty to the charge in writing before the hearing;
the accused person may apply in writing to the summary authority for an order permitting the accused person not to be present at the hearing.

 (4) The summary authority may make an order permitting the accused person not to be present at the hearing if the authority:
 (a) is satisfied that the accused person understands the effect of the plea; and
 (b) considers that exceptional circumstances exist.

 (5) If the summary authority makes an order under subsection (4), the summary authority must proceed with the trial of the charge by considering, without holding a hearing, the documents or other material provided to the summary authority in relation to the charge.

Part 4A—Trials by the Australian Military Court

Defence Force Discipline Act 1982