Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p13
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 32025–34893

148A of the Act, the Evidence (Miscellaneous Provisions) Act 1991 (ACT) or otherwise; or
             (m)     any other issue connected with the proceedings.

Part 8         Evidence

  35    Time for service of Notice of previous representation or Tendency/Coincidence notice

       If the prosecution intends to rely on a previous representation under section 65 of the Evidence Act 2011 (ACT) or tendency or coincidence evidence under Part 3.6 of the Evidence Act 2011 (ACT) the prosecution is to give notice of this to the accused person at the time the accused person is served with the signed charge sheet or at such other times as the judge advocate or Defence Force magistrate may allow. This notice is also to be provided to the judge advocate prior to the trial.

Note: The Evidence Act 2011 (ACT) applies to proceedings under the Act

  36    Notice of previous representation and notices of tendency/coincidence evidence

       A party relying on evidence of a previous representation or on tendency or coincidence evidence must comply with sections 5, 6, 7, 8, 9 and 10 of the Evidence Regulation 2012 (ACT).

Part 9         Trial Provisions

  37    Employment of, objections to, and swearing of recorders and interpreters

         (1)    All proceedings (including pre-trial hearings) before a court martial or Defence Force magistrate are to be, where practicable, electronically recorded and a transcript prepared of the recording unless otherwise ordered by the judge advocate or Defence Force magistrate.

           Note: It may be that the exigencies of service such as a trial in an operational area means that only a handwritten record may be made.

         (2)    The Registrar of Military Justice may arrange for a person or entity to act as a recorder or as an interpreter at proceedings before a court martial or Defence Force magistrate.

         (3)    The accused person may enter an objection to an interpreter on the ground of partiality or incompetence, or both.

         (4)    If the proceedings are not electronically recorded the accused person may enter an objection to a recorder on the ground of partiality or incompetence or both.

         (5)    Where the judge advocate or Defence Force magistrate is satisfied that the accused person has substantiated an objection entered by that person under this rule, the judge advocate or Defence Force magistrate, as the case may be, shall allow the objection.

         (6)    Before a person begins to act as an interpreter or as a recorder where the proceedings are not being electronically recorded, the judge advocate or Defence Force magistrate shall administer, or cause to be administered, an oath or affirmation to the person before the person begins so to act.

         (7)    The oath or affirmation to be taken or made by a person for the purposes of this rule is