Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 193

Protection of members of courts martial etc.

  (1)   A member of a court martial, a judge advocate, a Defence Force magistrate, a summary authority or a reviewing authority has, in the performance of his or her duties as such a member, judge advocate, magistrate or authority, as the case may be, the same protection and immunity as a Justice of the High Court.

  (1A)   The Judge Advocate General has, in the performance of his or her duties as the Judge Advocate General, the same protection and immunity as a Justice of the High Court.

  (2)   A legal practitioner or other person appearing before a service tribunal on behalf of a party has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court.

  (3)   Subject to this Act, a person summoned to attend or appearing before a service tribunal as a witness has the same protection as a witness in proceedings in the High Court.

  (4)   An action, suit or proceeding does not lie against:

  (a)   the Director of Military Prosecutions or a person assisting the Director of Military Prosecution; or

  (b)   the Registrar or a person assisting the Registrar;

in relation to an act done or omitted to be done in good faith in the exercise or purported exercise of a power, or the performance or purported performance of a function, conferred by or under this Act or any other law of the Commonwealth.



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