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Defence Force Discipline Act 1982
148EAdministration of oaths and affirmations
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148E Administration of oaths and affirmations
An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give testimony by video link or audio link in accordance with this Subdivision may be administered:
(a) by means of the video link or audio link, as the case may be, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give testimony in the courtroom or other place where the court martial or the Defence Force magistrate is sitting; or
(b) if the court martial or the Defence Force magistrate allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by that other person.
148EA Powers conferred on President
A President must seek the advice of a judge advocate before exercising a power conferred upon the President by this Subdivision.
148F New Zealand proceedings
This Subdivision does not affect the operation of the Trans‑Tasman Proceedings Act 2010.
Subdivision C—Rules of procedure for service tribunals
149 The Summary Authority Rules
The Judge Advocate General may, by legislative instrument, make rules, to be known as the Summary Authority Rules, providing for the practice and procedure to be followed by summary authorities and, in particular, providing for:
(a) the attendance and compellability of witnesses; and
(aa) the giving of testimony and other evidence; and
(b) the production of documents; and
(c) the administration of oaths and affirmations; and
(d) the forms to be used in relation to proceedings before a summary authority; and
(e) the service of any process of a summary authority; and
(f) charge sheets in proceedings before a summary authority; and
(g) the manner and form of charges brought before a summary authority; and
(h) the recording of proceedings of a summary authority; and
(i) the reopening of proceedings of a summary authority on request by a reviewing authority.
149A The Court Martial and Defence Force Magistrate Rules
The Judge Advocate General may, by legislative instrument, make rules, to be known as the Court Martial and Defence Force Magistrate Rules, providing for:
(a) the practice and procedure to be followed by the court martial or Defence Force magistrate and, in particular, providing for:
(i) pre‑trial hearings and directions; and
(ii) the attendance of witnesses; and
(iv) the giving of testimony and other evidence; and
(v) the production of documents; and
(vi) the administration of oaths and affirmations; and
(vii) the forms to be used in relation to proceedings before the court martial or Defence Force magistrate; and
(viii) the service of any process of the court martial or Defence Force magistrate; and
(ix) charge sheets in proceedings before the court martial or Defence Force magistrate; and
(x) the manner and form of charges brought before the court martial or Defence Force magistrate; and
(xi) the recording of proceedings of the court martial or Defence Force magistrate; and
(xii) the duties of the Registrar in respect of the practice and procedure of the court martial or Defence Force magistrate; and
(xiii) the maintenance of the customs and traditions of the Defence Force in proceedings before the court martial or Defence Force magistrate; and
(c) any matter required or permitted by this Act to be prescribed by the Rules.
Part VIIIA—Review of proceedings of service tribunal
Division 1—Appointment of reviewing authorities