Commonwealth Numbered Regulations Commonwealth Numbered RegulationsForm 1 -- Appointment of approved tester
Note: See section 31.
Commonwealth of Australia
Defence Force Discipline Act 1982
(full name)
I,........................................................................................................... , a
(rank)
....................................................................................................... in the
(force)
....................................................................................................... ,
acting under section 31 of the Defence Force Discipline Regulations 2018 , hereby appoint
(full name)
....................................................................................................................... ,
an electrical engineer * /electronic technician * , as an approved tester for the purposes of that instrument.
|
| ( Signature ) |
|
| ........................................................ |
|
| ( Rank) |
|
|
........................................................ |
|
| ( Date ) |
|
|
........................................................ |
* Strike out whichever is inapplicable.
Form 2 -- Certificate of testing of speed measuring device (valid for 12 months)
Note: See subsection 32(1).
Commonwealth of Australia
Defence Force Discipline Act 1982
(full name)
I,............................................................................................................. ......
certify that:
(a) I have been appointed as an approved tester for the purposes of section 31 of the Defence Force Discipline Regulations 2018 , and to the best of my knowledge and belief that appointment has not been revoked; and
(b) I have this day tested a speed measuring device of the following type:
(type of device)
................................................................................................................................. and bearing the following identification number or symbols:
(identification number or symbols)
..........................................................................................................................; and
(c) I tested the speed measuring device in accordance with paragraph 30(2)(a) of that instrument; and
(d) upon completion of the test, I sealed the speed measuring device in accordance with paragraph 30(2)(b) of that instrument.
|
| ( Signature ) |
| ........................................................ |
|
| Approved tester |
|
| ( Date ) |
|
|
........................................................ |
Form 3 -- Certificate of having operated a speed measuring device
Note: See subsection 32(2).
Commonwealth of Australia
Defence Force Discipline Act 1982
(full name)
I,................................................................................................................. ,
certify that:
(a) I am a police member for the purposes of the above Act; and
(time of day)
(b) I have this day at.....................................................................................................at
(place of operation)
..................................................................................................................................
operated a speed measuring device within the meaning of section 7 of the Defence Force Discipline Regulations 2018 , bearing identification number or symbols
(identification number or symbols)
................................................................, in accordance with paragraph 30(2)(c) of that instrument; and
(c) while I so operated the speed measuring device I measured the speed of a conveyance of the make
(make of conveyance)
................................................................................................................................. ( registration number )
and bearing registration number..................................................................................
and that the speed at which that conveyance was then moving, as displayed on the digital speed
(speed)
display of the device, was...........................................................................................
kilometres per hour; and
(d) as soon as was practicable I recorded that speed and that make and registration number, and the speed, make and registration number stated in this certificate conform with the speed, make and registration number that I so recorded.
| ( Signature ) |
| ................................................. |
|
Police member |
| ( Date ) |
|
................................................ |
Form 4 -- Form of oath and affirmation
Note: See section 40.
1 Form of oath
I swear by Almighty God that the information I am about to give shall be the truth, the whole truth and nothing but the truth.
2 Form of affirmation
I do solemnly, sincerely and truly declare and affirm that the information I am about to give shall be the truth, the whole truth and nothing but the truth.
Form 5 -- Caution to person charged or summoned
Note: See section 43.
Commonwealth of Australia
Defence Force Discipline Act 1982
Pursuant to section 101D of the Defence Force Discipline Act 1982 , you are cautioned that:
(a) you are not obliged to, but you may if you wish, answer any questions, or do anything, asked of you by an investigating officer, and anything said or done by you may be used in evidence; and
(b) you may communicate with a legal practitioner and have, as provided by Part VI of that Act, the assistance of a legal practitioner while you are being questioned; and
(c) you may, as provided in Part VI of that Act, communicate with a relative or friend.
Form 6 -- Certificate of appropriate witness
Note: See section 46.
Commonwealth of Australia
Defence Force Discipline Act 1982
I,.................................................. of........................................................
(Name of appropriate witness) (Residential address of appropriate
witness)
in the............................................. , being .............................................. ,
(State or Territory) (qualification of appropriate witness under subsection 101K(14) of the Act)
certify that paragraphs 101K(4)(b) and (c) of the Act were complied with in my presence and that the record of what was said by and to....................................................................................
(Name of accused)
as a result of compliance with paragraph 101K(4)(c) of the Act is a full and correct record.
Dated 20
.............................................................
(Signature of appropriate witness)
Form 7 -- Explanation to accused
Note: See section 47.
Commonwealth of Australia
Defence Force Discipline Act 1982
The following is the form of explanation to be given to an accused
person of the procedure that will be followed for the purpose of
compliance with paragraphs 101K(4)(b), (c) and (d) of the Defence
Force Discipline Act 1982 in respect of a record made of an interview
with the accused:
1. You have been given a copy of the record of the interview with you. The
record will be read to you in the language used by you during the interview.
2. You may interrupt the reading of the record of interview at any
time for the purpose of drawing attention to any error or omission
that you claim has been made in or from the record and, at the end of
the reading, you will be given an opportunity of stating whether you
claim that there are any errors in or omissions from the record, in
addition to any to which you have drawn attention during the reading.
Where a sound recording is made:
3. Two sound recordings of the reading referred to in paragraph 1 will
be made by the one multiple sound recording apparatus and of
everything said by and to you as a result of compliance with the
matters raised in paragraph 2.
4. You will be handed one of the sound recordings.
5. The other recording will be retained by the Defence Force and may
be used in evidence.
6. You should make arrangements for the safe-keeping of the recording
handed to you so that it will be available for comparison with the
sound recording retained by the Defence Force and, if you so request,
you will be afforded an opportunity to make arrangements for the
safe-keeping of your recording on your behalf.
7. If you or your legal practitioner so request, you or your legal
practitioner will, as soon as practicable, be provided with reasonable
facilities to enable the sound recording to be reproduced in sound.
OR , where a sound recording is not made but an appropriate witness is present:
3. An appropriate witness will be present during the reading of the
record of interview referred to in paragraph 1 or when anything is
said by or to you as a result of compliance with paragraph 2 and a
record in writing will be made of everything said by and to you as a
result of compliance with paragraph 2 while it is being said or as
soon as practicable thereafter (persons who can be appropriate
witnesses include a legal practitioner advising you, or a relative or
friend present at your request).
4. The appropriate witness will sign a prescribed form of certificate
certifying that the requirements of paragraphs 101K(4)(b) and (c) of
the Act have been complied with in the presence of the witness and
that the record is a full and correct record.
Form 8 -- Acknowledgement of suspect in relation to the holding of an identification parade
Note: See section 49.
Commonwealth of Australia
Defence Force Discipline Act 1982
I,......................................................... of........................................................
(Name of suspect) (Residential address of suspect)
in the................................................... , acknowledge that I was informed, on
(State or Territory)
...............................................................
at............................................... that:
(Date)
(Time)
(a) I am entitled to refuse to agree to the holding of an identification parade for the purpose of ascertaining whether a witness to a relevant act in relation to a service offence can identify me as a relevant person in relation to that act; and
(b) if I do not agree to the holding of the parade and to take part in the parade, evidence may be given, in any proceedings with respect to the service offence, of any identification of me by a witness as a result of:
(i) having seen a photograph or series of photographs; or
(ii) having seen me otherwise than during an identification parade; and
(c) if I do take part in the identification parade, evidence may be given, in any proceedings with respect to the service offence:
(i) of any identification made by the witness;
(ii) of any doubts expressed by the witness, during or immediately following the holding of the parade; and
(iii) of any unfairness in the conducting of the parade; and
(d) I may have present, during the holding of the parade, a legal practitioner or other person of my choice if arrangements can be made for the legal practitioner or other person to be present within a reasonable time.
Dated 20
.....................................................
(Signature of suspect giving
this acknowledgement)
Form 9 -- Acknowledgement of consent to search
Note: See section 50.
Commonwealth of Australia
Defence Force Discipline Act 1982
I, (full name) acknowledge that:
(a) I have been informed that I may refuse to give my consent, in relation to the investigation of a service offence:
* (i) to be searched;
* (ii) to the search of the clothing worn by me;
* (iii) to the search of property under my immediate control;
* (iv) as the occupier, to the entry and search of the * land/ * premises known as ( address or location of land/premises );
* (v) as the person in charge, to the entry and search of the
* ship/ * aircraft/ * vehicle, being ( name, registration number or other means of identification of the ship, aircraft or vehicle; if appropriate, describe the part to be searched ) and now located at (present location of ship, aircraft or vehicle ); and
(b) I have, on ( date ) at ( place and time ) voluntarily given my consent, in relation to the investigation of a service offence:
* (i) to be searched;
* (ii) to the search of the clothing worn by me;
* (iii) to the search of the property under my immediate control;
* (iv) to the entry and search of the * land/ * premises described in subparagraph (a)(iv);
* (v) to the entry and search of the * ship/ * aircraft/ * vehicle described in subparagraph (a)(v).
Dated 20
..............................................................................
( Signature of person giving this
acknowledgement )
* Omit if inapplicable