Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p10
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 10/48)
Character Range: 60667–63520

(d) and (e) respectively.

SCHEDULE 1—continued

Paragraph 124 (1) (d)—
Omit the paragraph.

Paragraph 147a (1) (a)—
Omit "British subjects", substitute "Australian citizens".

Section 148a—
Repeal the section.

Defence Force Discipline Act 1982

After section 86—
Insert the following section:

Oaths, affirmations and affidavits
"86a. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.".

After section 101—
Insert the following section in Division 1 of Part VI:

Oaths, affirmations and affidavits
"101aa. (1) An authorized officer may administer oaths and affirmations for the purposes of this Part.
"(2) The forms of oaths and affirmations administered by an authorized officer for the purposes of this Part shall be as prescribed.
"(3) An affidavit to be used for the purposes of this Part may be sworn before an authorized officer.
"(4) This section shall not be taken to limit by implication the persons who may administer oaths and affidavits for the purposes of this Part or before whom affidavits to be used for the purposes of this Part may be sworn.".

Sub-section 111 (1)—
Insert "or in relation to a class of cases in which the particular case is included" after "particular case".

Sub-section 151 (4)—
Omit "an appropriate legal officer", substitute "a legal officer".

Sub-section 151 (6)—
Omit the sub-section.

SCHEDULE 1—continued

Sub-section 154 (1)—
Omit the sub-section, substitute the following sub-section:
"(1) A reviewing authority shall not commence a review without first obtaining a report on the proceedings from—
     (a) in the case of a conviction, or a direction given under sub-section 145 (2) or (5), by a court martial or Defence Force magistrate—a legal officer appointed, by instrument in writing, for the purposes of this section by a chief of staff on the recommendation of the Judge Advocate General; or
     (b) in any other case—a legal officer.".

Section 175—
Insert ", or an officer of the Australian Public Service performing duties in the Department," after "an authorized officer" (wherever occurring).

Sub-section 185 (3)—
Omit "This section has", substitute "Sub-sections (1) and (2) have".

Defence Force Discipline Appeals Act 1955

Heading to Part II—
Omit the heading, substitute the following heading:

"PART II—DEFENCE FORCE DISCIPLINE APPEAL TRIBUNAL".

Section 13—
Repeal the section.