Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p1
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
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Character Range: 0–3907

Summary Authority Rules 2019
made under section 149 of the

Defence Force Discipline Act 1982

Compilation No. 1

Compilation date: 13 December 2022

Includes amendments up to: F2022L01008

Registered: 20 January 2023

About this compilation

This compilation

This is a compilation of the Summary Authority Rules 2019 that shows the text of the law as amended and in force on 13 December 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

     Part 1—Preliminary 1
             1 Name of Rules.............................................1
             3 Repeal..................................................1
             4 Authority.................................................1
             5 Definitions................................................1

     Part 2—Charging and summoning accused person 3
             6 Charging and summons to accused person........................3
             7 Representation of accused person..............................4

     Part 3—Summary authority proceedings – general provisions 5
             8 General procedures for summary authority proceedings...............5
             9 Dealing with a charge........................................6
             10 Withdrawal of election to be heard by court martial of Defence Force magistrate referred back to summary authority by Director of Military Prosecutions              6
             11 Trial by summmary authority...................................7
             12 Order of witnesses and submissions.............................7
             13 Consultation during trial proceedings.............................7

     Part 4—Evidence in summary proceedings 8
             14 Admission of evidence in summary proceedings....................8
             15 Weighing of evidence in summary proceedings.....................8
             16 Discretion to exclude evidence that is unfair, misleading of time wasting...8
             17 Admissions...............................................9
             18 Character evidence.........................................9
             19 Hearsay evidence..........................................9
             20 Documentary evidence......................................10
             21 General and service knowledge ................................11
             22 Evidence of general