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Defence Legislation Amendment Bill 2007

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2004-2005-2006-2007

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

DEFENCE LEGISLATION AMENDMENT BILL 2007

 

 

 

SUPPLEMENTARY EXPLANATORY MEMORANDUM

 

 

Amendments moved on behalf of the Government

 

 

 

NOTES ON AMENDMENTS

 

The Defence Legislation Amendment Bill 2007 (the Bill) and its accompanying explanatory memorandum make it clear that a summary authority is not bound by the formal rules of evidence (subject to the summary authority adhering to the requirements outlined in the Bill), to enable the expeditious disposal of summary justice.

 

Following the Senate Standing Committee on Foreign Affairs, Defence and Trade recommendation to strengthen the recognition of the rules of evidence, but not to mandate their application (after its consideration of the Bill on 5 September 2007), an additional note has been included in the Bill. Paragraph (1) of the amendment will insert Note 1 to section 146A to state that a summary authority must comply with the rules of natural justice and other basic principles of the rules of evidence in proceedings before a summary authority. This amendment will further reinforce the application of the principles of the rules of evidence in summary proceedings.

 

Paragraph 2 makes the existing note to section 146A ‘Note 2’, to reflect the proposed amendment.

 

 

 

 

(Circulated by authority of the Minister Assisting the Minister for Defence, the Hon Bruce Billson MP)