Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p10
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 25496–28333

the Act is admissible as evidence of the matters set out in the certificate.

    (2) A document that purports to have been signed by an analyst for the purposes of subrule (1) is taken to have been so signed unless the contrary is proved.

Rule 24  Accused person — right to silence

    (1) Evidence that an accused person has failed to answer one or more questions put by a superior or an investigating officer is not relevant and must be disregarded by the summary authority.

    (2) If an accused person does not give evidence in the trial, that fact is not relevant and must be disregarded by the summary authority.

Rule 25  Competence of witness to give evidence

A person must not give evidence if the person:

       (a) is unable to comprehend the summary authority proceedings or an aspect of the proceedings; or

       (b) is unable to communicate to the satisfaction of the summary authority.

Rule 26  Compellability of witnesses — general

None of the following persons may be compelled to give evidence before a summary authority:

       (a) an accused person;

       (b) the spouse, de facto partner, parent or child of an accused person;

       (c) the prosecuting officer;

       (d) the defending officer.

Rule 27  Compellability of witness — self-incrimination

(1) The accused may not be compelled to give evidence.

    (2) Other than by express limitations described elsewhere in these Rules, the accused, or their defending officer, the prosecuting officer and the summary authority may ask questions of any witness to the proceedings.

    (3) If a witness before a summary authority objects to giving evidence on the ground that the evidence may tend to incriminate the witness, or expose the witness to a penalty under an Australian law, the summary authority must not require the evidence to be given if satisfied there are reasonable grounds for the objection.

(4) However, subrule (3) does not apply if:

       (a) the witness is the accused person; and

       (b) the evidence is relevant to an issue before the summary authority.

         Rule 28  Witnesses — evidence by telephone or telecommunications device

A summary authority may allow evidence to be given in proceedings by means of a telephone or telecommunications device.  In deciding whether or not evidence of this kind will be allowed, the summary authority may consider:
       (a) if the witness can be sworn;

       (b) if the summary authority and the accused person can hear and examine the witness who has been sworn;

       (c) the location and personal circumstances of the witness;

       (d) the costs that would be incurred if the witness were required to be physically  present;

       (e) the nature of the witness's anticipated evidence;

       (f) any potential injustice to the accused or adverse impact