Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p13
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 33195–36001

a member of the Defence Force is summoned to appear as a witness before a summary authority, the person must be paid the fees, and allowances for expenses, in relation to the person's attendance that:
       (a)  the summary authority considers appropriate; and
       (b)  are in accordance with the scale in section 11 of the Public Works Committee Regulations 2016, as in force from time to time.
     (2)  At the request of the summary authority, the payment under subrule (1) must be performed as directed by the accused person's commanding officer.

Part 5  Exhibits

Rule 36  Exhibits

    (1) Any document or thing may be admitted by consent of the prosecuting officer and the defending officer or the accused person without requiring formal proof.
    (2) A document or thing that is admitted in evidence during summary authority proceedings must be made an exhibit.
    (3) However, if the summary authority is satisfied that:
       (a)  a copy of a document that is a correct copy has been admitted in evidence; or
       (b)  an extract of a document or book that is a correct extract has been admitted in evidence; or
       (c) parts of a document or book that are a correct copy of parts of the document or book have been admitted in evidence;
    the summary authority may make that copy, extract or parts as an exhibit in place of the original document or book.
    (4)  An exhibit:
       (a)  must be recorded by the summary authority; and
       (b)  forms part of the record of the summary authority proceedings.

Rule 37  Inspection and copying of exhibits before proceedings

The accused person may, before the summary authority proceedings commence, ask the prosecuting officer for permission to inspect a proposed exhibit or to make a copy of a proposed exhibit, and the prosecuting officer shall make a proposed exhibit available for inspection or make a copy of a proposed exhibit in accordance with the request.

Rule 38  Inspection of exhibits during proceedings

    (1)  An accused person, their defending officer or a prosecuting officer may, with permission of the summary authority, inspect or copy an exhibit during summary authority proceedings.
     (2) The summary authority must ensure that proper precautions are taken for the safety of the exhibit during inspection or copying.
         Part 6  Procedure for imposing punishment or making an order

         Rule 39  Imposition of punishment or order in case of breach of undertaking to be of good behaviour

    (1) This Rule applies to summary authority proceedings for the purpose of imposing punishment on, or making an order relating to, a convicted person in respect of a service offence for which the convicted person has given, in accordance with subsection 75(2) of the Act, an undertaking to another