Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 93

Persons to be informed of grounds of arrest

  (1)   A person who arrests another person for a service offence shall inform the other person, at the time of the arrest, of the service offence for which the other person is arrested.

  (2)   A person who arrests another person for a service offence shall be taken to have complied with subsection   (1) if the person informs the other person of the substance of the service offence for which the other person is arrested, and it is not necessary for the person to do so in language of a precise or technical nature.

  (3)   Subsection   (1) does not apply to or in relation to the arrest of a person:

  (a)   if that person ought, by reason of the circumstances in which the person is arrested, to know the substance of the service offence for which the person is arrested; or

  (b)   if that person makes it impracticable, by reason of his or her actions, for the person making the arrest to inform him or her of the service offence for which the person is arrested.



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