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Wednesday, 27 May 1942

of the United States of America, the convening officer, the president and the trial judge-advocate of that court shall have the same powers of summoning witnesses not subject to military law and requiring them to produce documents and give evidence as the like officers of a naval or military court of the Commonwealth would have in the case of a trial of a member of the Defence Force.

3.   A summons issued in pursuance of the last preceding sub-regulation by the convening officer or the president or trial judge-advocate of the appropriate naval or military court of the United States of America may be served in the same manner as a summons issued by the like officer of a naval or military court of the Commonwealth for the purposes of the trial of a member of the Defence Force by that court, and may be served by a constable or Commonwealth officer or by a member of the United States Forces in Australia.

4.   A person who has been lawfully summoned to attend a naval or military court of the United States of America in pursuance of this regulation to give evidence or produce documents and has been paid or tendered reasonable expenses of his attendance, or who is before the court, shall not, without just cause (proof whereof shall lie upon him) -

(a)   disobey the summons so to attend; (6) refuse to be sworn as a witness;

(c)   refuse or fail to answer any question relevant to the matter before the court which he is required by the court to answer;

(d)   refuse or fail to produce any docu ment relevant to the matter before' the court which he is required by the court to produce; or

(e)   be guilty of contempt of the court.

5.   In this regulation - "member of the United States Forces in Australia " means a member of the naval or military forces of the United States of America (including the air arms of those forces) for the time being present in Australia or on hoard any of His Majesty's Australian shins or aircraft; and " the appropriate officer of the United States Forces " means -

(o)   the officer in command of the unit to -which the arrested or detained member of the United States Forces belongs, or

(6)   the officer in command of the unit of the United States Forces for the time being stationed nearest to the place where the member of the United States Forces isdetained.


Mr James - 'Should a. member of an Australian defence force commit a crime in America, would those conditions apply?







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