Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 88

Arrest, summons etc. where accused person not present at hearing before service tribunal

  (1)   Where an accused person is not present at a hearing before a service tribunal (otherwise than by reason of an order under subsection   139(2)), an authorized officer or the Registrar may:

  (a)   if the accused person is a defence member--order the accused person to appear before the service tribunal for any purpose relating to the charge against the person; or

  (b)   whether or not the accused person is a defence member:

  (i)   cause to be prepared a summons directed to the accused person requiring the person to appear before the service tribunal at a time and place specified in the summons for a purpose specified in the summons relating to the charge against the person; or

  (ii)   issue a warrant for the arrest of the accused person.

  (1A)   The Registrar may carry out an action under subsection   (1) only if a judge advocate or a Defence Force magistrate directs the Registrar to carry out the action.

  (2)   A summons under paragraph   (1)(b) shall be served on the person to whom it is directed in a manner specified in the regulations.

  (3)   A warrant issued under subsection   (1) shall:

  (a)   specify the name of the accused person concerned and the service offence the subject of the charge; and

  (b)   state that the warrant is issued because the accused person was not present at a hearing before the service tribunal specified in the warrant.

  (4)   A constable or a member of the Defence Force may, in execution of a warrant issued in accordance with subsection   (1), arrest the accused person named in the warrant.

  (5)   A warrant issued under subsection   (1) shall specify a date after which the warrant ceases to have effect.



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