Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 146

Rules of evidence

  (1)   Subject to regulations in force under subsection   (2), the rules of evidence in force in the Jervis Bay Territory apply to a trial by a court martial or Defence Force magistrate as if:

  (a)   the court martial or Defence Force magistrate were a court exercising jurisdiction in or in relation to that Territory; and

  (b)   the trial were a criminal proceeding in such a court.

  (2)   The regulations may make rules of evidence to be applied in relation to trials by a court martial or Defence Force magistrate that are in addition to or in substitution for, or that modify, the rules of evidence that, apart from the regulations, would apply in relation to such trials by virtue of subsection   (1).



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