Commonwealth of Australia Explanatory Memoranda

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DEFENCE LEGISLATION AMENDMENT BILL 2007

                                  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)