Document ID: chunk:federal_register_of_legislation:F2020L00305:front:0:p3
Version: federal_register_of_legislation:F2020L00305
Segment Type: other
Provision Reference: 
Character Range: 5250–7943

these Rules or the regulations

       Where, in the course of or in relation to proceedings before a court martial, a judge advocate of a court martial or Defence Force magistrate, a case arises for which no provision or insufficient provision is made by the Act, these Rules or any regulations made under subsection 146(2) of the Act:

(a)        the established course that would, in the particular case, have applied in a trial by jury in a civil court in the Jervis Bay Territory in its criminal jurisdiction shall be adopted; or
(b)        if there is no such established course, such course shall be adopted as the interests of justice require.

   6 Summons to accused person

   A summons under subsection 87(5) of the Act shall specify:

(a)        the name of the accused person; and
(b)       the purpose for which the person is required to appear before the court martial or Defence Force magistrate; and
(c)        the time and place at which the person is required by the summons to appear.

   7 Service of summons to appear

          (1)      A summons that is required by subsection 87(5) or 138(2) of the Act to be served on a person shall be served:

(a)        by delivering the original summons or a copy of the original summons to the person personally; or
(b)        by prepaying and posting the summons as a letter addressed to the person at the person's last-known place of residence or business or, if the person is carrying on business at 2 or more places, at 1 of those places; or
(c)        by leaving the summons at the last-known place of residence of the person with some person apparently a resident of that place and apparently not less than 16 years of age; or
(d)        by leaving the summons at the last-known place of business of the person or, if the person is carrying on business at 2 or more places, at 1 of those places with a person apparently in the service of the person and apparently not less than 16 years of age; or
(e)        if the person consents by fax, email or by any other electronic means.

          (2)      A summons served pursuant to paragraph (1)(e) is taken to have been effected at the time of transmisson.

          (3)      If a person other than a defence member is required to appear under a summons, the summoner must, at a reasonable time before the person is required to appear:

          (a)     pay the person's travel expenses; or
          (b)     arrange with the person to pay the person's travel expenses; or
          (c)      arrange the person's travel, and advise the person of the arrangements.

     Note: See also rule 20 (Expenses for witnesses).

          (4)      In this rule:

        summoner