Commonwealth Numbered Regulations

1985 No. 159 DEFENCE (VISITING FORCES) REGULATIONS (AMENDMENT) - REG 2

2. Regulations 10 and 11 of the Defence (Visiting Forces) Regulations are
repealed and the following regulations substituted: Duties of person summoned
before a service tribunal

"10. Sections 86 and 87 of the Defence Act 1903 have effect in relation to a
person who has been lawfully summoned to attend a service tribunal of a
visiting force to give evidence or produce documents, to the extent to which
they would have effect if the visiting force were a part of the Defence Force.
Civil detention of arrested persons

"11. (1) Section 94 of the Defence Force Discipline Act 1982 applies with
respect to a member of a visiting force of a country in relation to which
section 8 of the Act applies charged with an offence triable by a service
tribunal of the visiting force as if the member were a person arrested under
the Defence Force Discipline Act 1982 and in the custody of a member of the
Defence Force.

"(2) Where a commanding officer or the senior member of an escort issues a
certificate under section 94 of the Defence Force Discipline Act 1982 with
respect to a member of a visiting force of a country in relation to which
section 8 of the Act applies charged with an offence triable by a service
tribunal of the visiting force, the commanding officer or senior member, as
the case may be, shall issue a warrant for the temporary detention of that
member in a civil detention facility.

"(3) A warrant under sub-regulation (2) shall be in accordance with the Form
in the Schedule.

"(4) In this regulation 'civil detention facility' has the same meaning as in
the Defence Force Discipline Act 1982.".