Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE APPEALS ACT 1955

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   4.      Interpretation  
   5.      Extension of Act to Territories  
   5A.     Application of the Criminal Code  

   PART II--DEFENCE--FORCE DISCIPLINE APPEAL TRIBUNAL

   6.      Defence Force Discipline Appeal Tribunal  
   7.      Constitution of Tribunal  
   8.      Qualification of members  
   8A.     Appointment of Judge as member of Tribunal not to affect tenure etc.  
   8B.     Arrangement for appointment of the holder of a judicial office of a State or the Northern Territory  
   9.      Oath or affirmation of allegiance  
   10.     Remuneration and allowances of members and deputies  
   11.     Removal and suspension of members from office  
   12.     Leave of absence and resignation  
   14.     Sittings of the Tribunal  
   15.     Exercise of powers of Tribunal  
   15A.    Reserved decision  
   16.     Member ceasing to sit on an appeal  
   17.     Single member may determine certain matters  
   18.     Sittings of Tribunal to be in public  
   19.     The Registrar  

   PART III--APPEALS--TO THE TRIBUNAL

           Division 1--Bringing of appeals

   20.     Appeals to Tribunal  
   21.     Time for lodging appeals etc.  
   22.     Frivolous or vexatious appeals  

           Division 2--Determination of appeals

   23.     Quashing of conviction etc.  
   24.     New trial  
   25.     Custody of person pending new trial  
   26.     Substitution of conviction for alternative offence  

           Division 3--Incidental powers of Tribunal

   31.     Supplementary powers  
   32.     Arrest of witness for failing to appear  
   33.     Power to examine upon oath  
   34.     Payment of witnesses, special commissioners etc.  
   35.     Warrants  
   36.     Tribunal may obtain reports to assist in determination of appeals  
   37.     Costs  
   38.     Restitution orders, reparation orders and removal orders  

           Division 4--Miscellaneous

   39.     Representation of appellants and hearing of appeals  
   40.     Protection and immunity of members of Tribunal and of certain other persons  
   41.     Person deemed to have been acquitted  
   42.     Defence of appeals  

   PART IV--OFFENCES--IN RELATION TO TRIBUNAL

   43.     Failure to attend or produce documents  
   44.     Duty of witness to continue in attendance  
   45.     Refusal to be sworn or give evidence  
   46.     Offences against the Tribunal  
   47.     Orders under section 18  
   48.     Offences punishable by courts of summary jurisdiction  
   50.     Contempt of the Tribunal  

   PART V--REFERENCES--AND APPEALS FROM THE TRIBUNAL TO THE FEDERAL COURT OF AUSTRALIA

   51.     Reference of questions of law to Federal Court of Australia  
   52.     Appeal to Federal Court of Australia from decisions of the Tribunal  
   53.     Custody orders and sending of documents to the Federal Court of Australia  
   54.     Record of proceedings of Tribunal to be kept  

   PART VI--MISCELLANEOUS

   58.     Effect of this Act on Royal prerogative of mercy  
   60.     Regulations  
           SCHEDULE