Form 3—Explanation to accusedForm 3—Explanation to accused

## Form 3—Explanation to accused (regulation 40) Commonwealth of Australia Defence Force Discipline Act 1982 The following is the form of explanation to be given to an accused person of the procedure that will be followed for the purpose of compliance with paragraphs 101K (4) (b), (c) and (d) of the Defence Force Discipline Act 1982 in respect of a record made of an interview with the accused: 1. You have been given a copy of the record of the interview with you. The record will be read to you in the language used by you during the interview. 2. You may interrupt the reading of the record of interview at any time for the purpose of drawing attention to any error or omission that you claim has been made in or from the record and, at the end of the reading, you will be given an opportunity of stating whether you claim that there are any errors in or omissions from the record, in addition to any to which you have drawn attention during the reading. Where a sound recording is made: 3. 2 sound recordings of the reading referred to in paragraph 1 will be made by the one multiple sound recording apparatus and of everything said by and to you as a result of compliance with the matters raised in paragraph 2. 4. You will be handed one of the sound recordings. 5. The other recording will be retained by the Defence Force and may be used in evidence. 6. You should make arrangements for the safe‑keeping of the recording handed to you so that it will be available for comparison with the sound recording retained by the Defence Force and, if you so request, you will be afforded an opportunity to make arrangements for the safe‑keeping of your recording on your behalf. 7. If you or your legal practitioner so request, you or your legal practitioner will, as soon as practicable, be provided with reasonable facilities to enable the sound recording to be reproduced in sound. OR, where a sound recording is not made but an appropriate witness is present: 3. An appropriate witness will be present during the reading of the record of interview referred to in paragraph 1 or when anything is said by or to you as a result of compliance with paragraph 2 and a record in writing will be made of everything said by and to you as a result of compliance with paragraph 2 while it is being said or as soon as practicable thereafter (persons who can be appropriate witnesses include a legal practitioner advising you, or a relative or friend present at your request). 4. The appropriate witness will sign a prescribed form of certificate certifying that the requirements of paragraphs 101K (4) (b) and (c) of the Act have been complied with in the presence of the witness and that the record is a full and correct record.