This compilation was prepared on 19 June 2006
taking into account amendments up to Defence Force Discipline Amendment Rules 2006 (No. 1)
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part I Preliminary
1 Name of rules [see Note 1]
2 Commencement
3 Interpretation
4 Cases not covered by the Act, the Rules or the Regulations
5 Summons to accused person
6 Service of summons
7 Instrument for purposes of section 194A of the Act
Part II Charge sheets and charges
8 Charge sheets
9 Charges
10 How charges to be construed
11 Directions by Registrar of Military Justice regarding charges
12 Amendment of charge sheets by service tribunals
13 Withdrawal of charge
Part III Witnesses
14 Securing appearance of witness on behalf of accused person
15 Accused person to be given copies of statements by witnesses
16 Prosecutor to notify accused person of additional evidence or intention not to call witness at trial by court martial or Defence Force magistrate
17 Exclusion of witness from court
18 Examination of witness
19 Recalling of witness and calling of further witnesses
20 Witness to reply forthwith
21 Expenses for witnesses
Part IV Summary hearings
22 General responsibilities of summary authority
23 Hearing (other than a trial) by summary authority
24 Defence of accused person at summary hearing
Part V Hearing before examining officer
25 Hearing by examining officer of evidence of person dangerously ill
26 Hearing by examining officer of evidence in other cases
27 Application of certain rules in relation to proceedings before examining officer
Part VI Registrar of Military Justice and Director of Military Prosecutions
28 Order referring charge or case to Defence Force magistrate
28A Order referring charge or case to superior summary authority or commanding officer
29 Convening authority to provide certain documents
30 Inspection of exhibits before trial
Part VII Courts martial
31 Functions of President
32 Functions of judge advocate
33 Manner of voting of court martial
34 Objections to members of court martial
35 Swearing of court martial
Part VIII Defence Force magistrate
36 Functions of Defence Force magistrate
Part IX Trial provisions
37 Employment of, objections to, and swearing of recorders and interpreters
38 Administration of oaths and affirmations
39 Application by accused person or prosecutor for adjournment of proceedings
40 Right of accused person and prosecutor to argue and adduce evidence on matter to be decided by service tribunal
41 Pleading to charges and arraignment
42 Opening address by prosecution
43 Service tribunal may direct substitution of plea of not guilty
44 Submission of no case to answer
45 Opening address by defence
47 Closing addresses
48 Summing up
49 Evidence as to material facts after conviction on plea of guilty
50 Convicted person’s record etc and plea in mitigation
Part X Procedure for imposing punishment in case of breach of undertaking to be of good behaviour
51 Application
52 Swearing of court martial
53 Evidence as to material facts, convicted person’s record etc and plea in mitigation
Part XI Record of proceedings and exhibits
54 Record of proceedings before court martial or Defence Force magistrate
55 Record of proceedings of hearing before summary authority
56 Inspection of record of proceedings etc during trial
57 Loss of original record of proceedings
58 Exhibits
Schedule 1 Statement of offences
Part 1 Offences against Defence Force Discipline Act 1982
Part 2 Offences against Defence Force Discipline Regulations 1985
Part 3 Offences against Criminal Code
Notes
Part I Preliminary
1 Name of rules [see Note 1]
These Rules are the Defence Force Discipline Rules 1985.
2 Commencement
These Rules shall come into operation on 3 July 1985.
3 Interpretation
(1) In these Rules, unless the contrary intention appears:
arraign, in relation to an accused person at a trial by a court martial or a Defence Force magistrate, means reading a charge to the person, calling upon the person to plead to the charge and recording the person’s plea to the charge.
authorized member of the Defence Force has the same meaning as in section 87 of the Act.
examining officer in relation to a charge, means the officer directed under subsection 130A (1) of the Act to hear evidence in relation to that charge.
recorder means a person who records the spoken word, whether by longhand, shorthand, mechanical or other means and includes a person who operates or transcribes mechanical or other recordings of the spoken word.
serious service offence has the same meaning as in Part VI of the Act.
(2) A reference in these Rules to referring a charge to a higher authority is a reference to referring a charge to a summary authority or to the Director of Military Prosecutions under section 105A, paragraphs 109 (b), 110 (1) (c) or (d) or 111 (2) (c) or section 131A of the Act, as the case may be.
4 Cases not covered by the Act, the Rules or the Regulations
Where, in the course of or in relation to proceedings before a service tribunal or a judge advocate, a case arises for which no provision or insufficient provision is made by the Act, these Rules or any regulations made pursuant to subsection 146 (2) of the Act:
(a) the established course that would, in the particular case, have applied in a trial by jury in a civil court in the Jervis Bay Territory in its criminal jurisdiction shall be adopted; or
(b) if there is no such established course, such course shall be adopted as the interests of justice require.
5 Summons to accused person
A summons under subsection 87 (5) of the Act shall specify:
(a) the name of the accused person;
(b) the purpose for which the person is required to appear before the service tribunal; and
(c) the time and place at which the person is required by the summons to appear.
6 Service of summons
(1) A summons that is required by subsection 87 (5) or 138 (2) of the Act to be served on a person shall be served:
(a) by delivering the summons to that person personally;
(b) by prepaying and posting the summons as a letter addressed to that person at the person’s last‑known place of residence or business or, if the person is carrying on business at two or more places, at one of those places;
(c) by leaving the summons at the last‑known place of residence of that person with some person apparently an inmate of that place and apparently not less that 16 years of age; or
(d) by leaving the summons at the last‑known place of business of that person or, if the person is carrying on business at two or more places, at one of those places with some person apparently in the service of the person and apparently not less than 16 years of age.
(2) At the time of the service of a summons under subsection 138 (2) of the Act on a person who is not a defence member, the person serving the summons shall tender to the person named in the summons sufficient money to enable that person to travel between the person’s place of residence or employment (whichever is appropriate) and the place of sitting of the service tribunal or the examining officer, as the case may be.
7 Instrument for purposes of section 194A of the Act
An instrument for the purposes of section 194A of the Act may be issued by an appropriate authority and shall:
(a) be directed to the person in charge of the prison where the prisoner is undergoing the sentence of imprisonment;
(b) require the person to produce the prisoner at the time and place specified in the instrument; and
(c) specify the purpose for which the prisoner is required to be produced.
Part II Charge sheets and charges
8 Charge sheets
(1) A charge against an accused person shall be entered on a charge sheet.
(2) A charge sheet for the hearing of a proceeding before a summary authority may contain more than one charge.
(3) A charge sheet for the trial of a person by a court martial or a Defence Force magistrate may contain more than one charge if the offences charged:
(a) form, or are part of, a series of offences of the same or a similar character;
(b) are founded on the same or closely related acts or omissions;
(c) are founded on a series of acts done or omitted to be done in the prosecution of a single purpose; or
(d) are alternative to other charges in the charge sheet.
(4) At the hearing of a proceeding before a summary authority, not more than one person shall be charged in the one charge sheet.
(5) At the trial before a court martial or a Defence Force magistrate, 2 or more accused persons may be charged in the same charge sheet with offences alleged to have been committed by them separately if the acts or omissions on which the charges are founded are so connected that it is in the interests of justice that they be tried together.
(6) Nothing in subrule (4) prevents a summary authority, at the hearing of a proceeding, from directing that 2 or more accused persons be dealt with or tried jointly in those proceedings in respect of:
(a) an offence alleged to have been committed by them jointly; or
(b) offences alleged to have been committed by them separately if the acts or omissions on which the charges are founded are so connected that it is in the interests of justice that they be dealt with or tried together.
9 Charges
(1) A charge shall state one offence only.
(2) A charge shall consist of 2 parts, namely:
(a) a statement of the offence which the accused person is alleged to have committed; and
(b) particulars of the act or omission constituting the offence.
(3) A statement of an offence shall contain:
(a) in the case of an offence other than an offence against the common law — a reference to the provision of the law creating the offence; and
(b) in any case — a sufficient statement of the offence.
(4) Without prejudice to any other sufficient manner of setting out the statement of an offence, the statement of an offence shall be sufficient if it is set out in the appropriate form in Schedule 1.
(5) Particulars of an offence shall contain a sufficient statement of the circumstances of the offence to enable the accused person to know what it is intended to prove against that person as constituting the offence.
(6) At a trial by court martial or a Defence Force magistrate, 2 or more accused persons may be charged jointly in 1 charge of an offence alleged to have been committed by them jointly.
10 How charges to be construed
The statement of an offence and particulars of that offence, in a charge, shall be read and construed together.
11 Directions by Registrar of Military Justice regarding charges
(1) If the Registrar of Military Justice convenes a court martial or refers a charge or charges to a Defence Force magistrate (otherwise than under subsection 103 (6) or (7) of the Act), the Registrar must, subject to these Rules, make directions under subrules (2) and (3) as instructed by the Director of Military Prosecutions.
(2) If there is more than 1 charge the Registrar must direct whether some or all of the charges are to be included in the same charge sheet or separate charge sheets.
(3) If there is more than 1 accused person the Registrar must direct whether some or all of them are to be tried jointly or separately.
12 Amendment of charge sheets by service tribunals
Where it appears to a service tribunal at any time during a hearing of proceedings that there is, in the charge sheet:
(a) a mistake in the name or description of the accused person; or
(b) a mistake which is attributable to clerical error or omission;
the service tribunal may amend the charge sheet so as to correct the mistake.
13 Withdrawal of charge
A court martial or a Defence Force magistrate may allow the prosecutor to withdraw:
(a) a charge, before the accused person is arraigned on it; or
(b) a charge sheet, before the accused person is arraigned on any charge in it.
Part III Witnesses
14 Securing appearance of witness on behalf of accused person
(1) The relevant authority must take the necessary steps to secure the appearance at the hearing of a proceeding before a service tribunal of persons reasonably required by the accused person to appear to give evidence, and (if so required) to produce documents, on that person’s behalf.
(2) In this rule, relevant authority means:
(a) the Chief of the Defence Force; or
(b) a delegate of the Chief of the Defence Force of at least the rank of Colonel (or an equivalent rank).
15 Accused person to be given copies of statements by witnesses
Where an authorized member of the Defence Force or a commanding officer, as the case may be, causes a person to be given a copy of a charge under subsection 87 (1) or 95 (3) of the Act or to be served with a summons under subsection 87 (3) of the Act, that member or officer shall cause the person to be given, before the person appears before a summary authority for a purpose relating to the charge, a copy of each statement in writing obtained by the prosecution from material witnesses to the alleged offence.
16 Prosecutor to notify accused person of additional evidence or intention not to call witness at trial by court martial or Defence Force magistrate
(1) The prosecutor must, as soon as practicable, give to the accused person notice setting out particulars of:
(a) evidence that the prosecutor intends to present at the trial; and
(b) other evidence that is relevant to the accused person’s defence and has come to the notice of the prosecutor.
(2) Where the prosecutor decides not to call a witness to give evidence whose evidence:
(a) is contained in a written statement furnished to the accused person under rule 15; or
(b) has been notified to the accused person under subrule (1);
the prosecutor shall:
(c) if it is practicable to do so before the trial, inform the accused person:
(i) that the prosecutor does not intend to call the witness to give evidence; and
(ii) that the accused person may call the witness as a witness for the defence; or
(d) inform the accused person at the trial that the prosecutor does not intend to call the witness to give evidence but will tender the witness for cross‑examination by the accused person if the accused person so requests.
(3) This rule does not apply in relation to trials by summary authorities.
17 Exclusion of witness from court
(1) During proceedings before a service tribunal, a witness shall not, except by leave of the service tribunal, be in court while not under examination.
(2) The service tribunal may direct a witness to withdraw from the court until the service tribunal makes a decision on an objection that relates to:
(a) the allowing of a question; or
(b) the evidence given, or about to be given, by the witness.
(3) In the application of this rule to proceedings before a summary authority that are held otherwise than in a room, a reference to a person being in court or withdrawing from the court shall be read as a reference to the person being in, or withdrawing from, the immediate vicinity of the place of hearing, as the case may be.
(4) Nothing in this rule requires the accused person, a person representing the accused person in the proceedings, or the prosecutor, to be absent, or withdraw, from the proceedings.
18 Examination of witness
(1) A witness appearing before a service tribunal:
(a) may be:
(i) examined by the person who called the witness; and
(ii) cross‑examined by the opposite party to the proceedings or by a co‑accused; and
(b) on conclusion of any cross‑examination, may be re‑examined, on matters arising out of the cross‑examination, by the person who called the witness.
(2) The service tribunal may allow the cross‑examination or re‑examination of a witness to be postponed if, in the opinion of the service tribunal or, in the case of a trial by court martial, the judge advocate, it is in the interests of justice to do so.
(3) A service tribunal or, in the case of a trial by court martial, the judge advocate, may put questions to a witness.
(3A) During a trial by court martial, members of the court martial are entitled to question a witness, if:
(a) in the opinion of the judge advocate, the question is relevant and admissible; and
(b) the question is put to the witness by the judge advocate.
(4) Upon a question put under subrule (3) being answered, the accused person and the prosecutor may put to the witness such questions arising from the answer which the witness has given as seem proper to the service tribunal or, in the case of a court martial, the judge advocate.
19 Recalling of witness and calling of further witnesses
(1) The prosecutor and the accused person may, at any time before:
(a) at a trial by court martial — the judge advocate begins to sum up; or
(b) in any other case — the service tribunal makes a finding on the charge;
recall a witness by leave of the service tribunal.
(2) After the witnesses for the defence have given their evidence, the prosecutor may, by leave of the service tribunal, call a witness to give evidence on any matter raised by the accused person in his defence in respect of which evidence could not properly have been adduced, or which could not reasonably have been foreseen, by the prosecution before the accused person presented his defence.
(3) The service tribunal may, at any time before:
(a) at a trial by court martial — the judge advocate begins to sum up; or
(b) in any other case — the service tribunal makes a finding on the charge;
call a witness or recall a witness if, in the opinion of the service tribunal, or, in the case of a court martial, the judge advocate, it is in the interests of justice to do so.
(4) When a witness is called or recalled in pursuance of this rule, the accused person and the prosecutor may put such questions to the witness as seem proper to the service tribunal or, in the case of a court martial, the judge advocate.
20 Witness to reply forthwith
(1) Subject to subrule (2), a witness appearing before a service tribunal shall reply forthwith to each question put to the witness.
(2) Where a question is objected to or a witness claims privilege, the witness shall not answer the question unless the objection or claim is overruled by the service tribunal or, in the case of a court martial, the judge advocate.
21 Expenses for witnesses
(1) A person (other than a defence member) summoned to appear as a witness before a service tribunal shall be paid such fees, and allowances for expenses, in respect of the witness’s attendance as the appropriate authority thinks fit to allow in accordance with the scale in Schedule 2 to the Public Works Committee Regulations as in force from time to time under the Public Works Committee Act 1969.
(2) At the request of the appropriate authority the functions in subrule (1) are to be carried out by:
(a) the Chief of the Defence Force; or
(b) a delegate of the Chief of the Defence Force of at least the rank of Colonel (or an equivalent rank); or
(c) the Director of Military Prosecutions.
Part IV Summary hearings
22 General responsibilities of summary authority
A summary authority shall duly administer justice according to law without fear or favour, affection or ill‑will and, in particular:
(a) shall ensure that any hearing of a charge before the authority is conducted in accordance with the Act and these Rules and in a manner befitting a court of justice;
(b) shall ensure that, at any hearing of a charge before the authority, the accused person does not suffer any undue disadvantage in consequence of the person’s position as such or of the person’s ignorance or the person’s incapacity to adequately examine or cross‑examine witnesses or to make the person’s own evidence clear and intelligible, or otherwise;
(c) at the trial of a charge by the authority, shall well and truly try the accused person according to the evidence; and
(d) shall ensure that an adequate record of the proceedings before the authority is made.
23 Hearing (other than a trial) by summary authority
(1) This rule applies to the hearing of a proceeding (other than a trial) by a summary authority.
(2) The accused person is entitled to be represented at the hearing.
(3) The prosecutor shall commence the proceedings by reading the charge to the accused person.
(4) If, at any time after the charge is read, the summary authority requires further information before the authority decides:
(a) if the charge is within the authority’s jurisdiction to try — whether the authority should try the charge; or
(b) if the charge is not within the authority’s jurisdiction to try and the authority is of the opinion that there is insufficient evidence to support the charge — to direct that the charge not be further proceeded with; or
(c) in any case — whether the authority should refer the charge to another summary authority or to the Director of Military Prosecutions, as the case may be;
then:
(d) the authority must call upon the prosecutor to outline the case for the prosecution and the prosecutor must state briefly:
(i) the elements of the offence charged that, on a trial of the charge, would have to be proved in order to obtain a conviction; and
(ii) the alleged facts that, on a trial of the charge, the prosecutor would rely on to support the charge; and
(iii) the nature of the evidence that, on a trial of the charge, the prosecutor would propose to adduce to prove the alleged facts; and
(e) if, after paragraph (d) is complied with, the authority considers that it should hear evidence in support of the charge before it makes a decision, the authority may hear as much of that evidence as it thinks fit.
24 Defence of accused person at summary hearing
(1) An accused person may request the services of a specified member of the Defence Force to defend the accused person at the hearing of a proceeding before a summary authority.
(2) If an accused person makes a request under subrule (1), the person whose services are requested must be permitted to defend the accused person unless:
(a) the services of the person are not reasonably available; or
(b) the hearing is before a subordinate summary authority and the person requested is a legal officer.
(2A) If an accused person makes a request under subrule (1) for representation by a legal officer at a hearing before a commanding officer or superior summary authority, the legal officer whose services are requested must be permitted to defend the accused if:
(a) leave is given by that commanding officer or superior summary authority; and
(b) the services of the legal officer are reasonably available.
(3) Where the services of a person which have been requested by an accused person under subrule (1) are not reasonably available, the summary authority shall, with the consent of the accused person, direct a defence member to defend the accused person.
Part V Hearing before examining officer
25 Hearing by examining officer of evidence of person dangerously ill
(1) This rule applies to the hearing of evidence by an examining officer in pursuance of section 130A of the Act, being evidence of a person in respect of whom the commanding officer is satisfied that:
(a) the person is or may be able to give evidence relating to a serious service offence or on behalf of a person charged with such an offence;
(b) the first mentioned person is dangerously ill and is not likely to recover from his illness; and
(c) by reason of his illness, the first mentioned person is or may be unable to give evidence at the trial of a person who has been charged with a serious service offence.
(2) Before hearing the evidence of a person under this rule, the examining officer shall cause notice to be given to the accused person of the fact that the officer has been directed to hear the evidence of the first mentioned person under section 130A of the Act, of the time and place at which the officer proposes to hear that evidence and of the rights conferred by subrule (3).
(3) A legal practitioner representing the person to whom notice is given under subrule (2) is entitled, and if the evidence is evidence on behalf of the accused person a legal practitioner representing the prosecution is entitled, to be present while the evidence is being heard and to cross‑examine the person giving the evidence.
(4) The examining officer:
(a) shall cause the evidence (including evidence given under cross‑examination) to be recorded;
(b) shall, if the person whose evidence is heard is able to write, cause that person to sign the evidence; and
(c) shall endorse on or annex to that evidence a statement setting out the reasons for hearing the evidence, the date and time and the place where it was heard and the names of the persons present at the hearing of the evidence.
26 Hearing by examining officer of evidence in other cases
(1) This rule applies to the hearing of evidence by an examining officer in pursuance of section 130A of the Act, other than a hearing referred to in rule 25.
(2) Before hearing evidence under this rule, the examining officer shall cause notice to be given to the accused person of the fact that the officer has been directed to hear evidence under section 130A of the Act, of the time and place at which the officer proposes to hear that evidence and of the rights conferred on the accused person by subrule (3).
(3) The hearing shall be conducted in accordance with the following provisions:
(a) the examining officer shall call and examine witnesses for the prosecution, the accused person may cross‑examine any such witness and the officer may, on conclusion of any such cross‑examination, re‑examine the witness on matters arising out of the cross‑examination;
(b) after the conclusion of the hearing of evidence for the prosecution, the accused person may give evidence or may call witnesses to give evidence on the accused person’s behalf and, in the event of any such evidence being given, the examining officer may cross‑examine the accused person or the witness (as the case may be) and the accused person may give further evidence or re‑examine the witness (as the case may be) on matters arising out of the cross‑examination;
(c) the record of proceedings of the hearing shall contain the substance of the evidence of the witnesses;
(b) where the officer certifies, in writing, that the attendance of a person who is a witness for the prosecution or the defence cannot, in the officer’s opinion, reasonably be procured, a written statement of that witness’s evidence, purporting to be signed by the witness, may be read to the accused person and be included in the record of the proceedings.
27 Application of certain rules in relation to proceedings before examining officer
Rules 24, 37, 38 and 39 apply in relation to proceedings before an examining officer as if those proceedings were proceedings before a commanding officer.
Part VI Registrar of Military Justice and Director of Military Prosecutions
28 Order referring charge or case to Defence Force magistrate
When the Registrar of Military Justice refers a charge or a case to a Defence Force magistrate, the Registrar must, in the order referring the charge or the case:
(a) specify the Defence Force magistrate to whom the charge or case is referred; and
(b) fix, or provide for the fixing of, the time and place for the hearing of the charge or case.
28A Order referring charge or case to superior summary authority or commanding officer
When the Director of Military Prosecutions refers a charge or a case to a superior summary authority or a commanding officer, the Director must, in the order referring the charge or the case, specify the superior summary authority or the commanding officer to whom the charge or case is referred.
29 Convening authority to provide certain documents
(1) When the Registrar of Military Justice convenes a court martial for the trial of a charge, the Registrar must cause to be sent:
(a) to the President and each member or reserve member of the court martial — a copy of the convening order;
(b) to the judge advocate:
(i) the convening order;
(ii) the charge sheet;
(iii) the record of evidence taken at proceedings (if held) in relation to the charge before a commanding officer, a superior summary authority or an examining officer; and
(iv) any other statement taken from a witness to be called for the prosecution; and
(c) to the accused person:
(i) copies of the documents referred to in subparagraphs (b) (ii), (iii) and (iv);
(ii) a list of the names of witnesses to be called for the prosecution; and
(iii) a list of exhibits to be given in evidence for the prosecution.
(2) When the Registrar of Military Justice refers a charge to a Defence Force magistrate for trial, the Registrar must cause to be sent:
(a) to the Defence Force magistrate:
(i) the order referring the charge; and
(ii) the charge sheet; and
(b) to the accused person:
(i) copies of the documents referred to in subparagraph (a);
(ii) the record of evidence taken at proceedings (if held) in relation to the charge before a commanding officer, a superior summary authority or an examining officer;
(iii) any other statement taken from a witness to be called for the prosecution;
(iv) a list of the names of witnesses to be called for the prosecution; and
(v) a list of exhibits to be given in evidence for the prosecution.
(3) When the Registrar of Military Justice convenes a court martial under paragraph 103 (6) (d) or subsection 103 (7) of the Act, the Registrar must cause to be sent:
(a) to the President and each member or reserve member of the court martial — a copy of the convening order;
(b) to the judge advocate:
(i) the convening order; and
(ii) the record of proceedings of the trial of the convicted person for the service offences of which that person was convicted and in relation to which the person’s election under subsection 131 (3) of the Act was made; and
(c) to the convicted person — a copy of the document referred to in subparagraph (b) (ii).
(4) When the Registrar of Military Justice refers a case to a Defence Force magistrate under paragraph 103 (6) (c) of the Act, the Registrar must cause to be sent:
(a) to the Defence Force magistrate:
(i) the order referring the case; and
(ii) the record of proceedings of the trial of the convicted person for the service offences of which that person was convicted and in relation to which the person’s election under subsection 131 (3) of the Act was made; and
(b) to the convicted person — copies of the documents referred to in paragraph (a).
30 Inspection of exhibits before trial
(1) An accused person who has been sent a list of exhibits in accordance with rule 29 must, on application by that person to the Registrar of Military Justice, be permitted by the custodian of the exhibit to inspect and to copy any exhibit.
(2) The custodian of the exhibit must ensure that proper precautions are taken for the safety of the exhibit during an inspection under subrule (1).
Part VII Courts martial
31 Functions of President
In addition to the functions that the President of a court martial has in his capacity as a member of the court martial and any functions conferred on the President by the Act or any other rule, the functions of the President are:
(a) when presiding over a sitting of the court martial — to ensure that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice;
(b) to speak on behalf of the court martial in announcing a finding or sentence or any other decision taken by the court martial; and
(c) to speak on behalf of the members of the court martial in conferring with, or requesting advice from, the judge advocate on any question of law or procedure.
32 Functions of judge advocate
In addition to any functions conferred on the judge advocate by the Act, the regulations or any other rule, the functions of the judge advocate are:
(a) subject to subsection 133 (6) of the Act, to be present at all sittings of the court martial;
(b) to preside over all hearings conducted in pursuance of subsection 134 (2) or 141 (7) of the Act and to ensure, at all such hearings, that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice;
(c) to ensure that an accused person who is not represented does not in consequence of that fact suffer any undue disadvantage; and
(d) to ensure that a proper record of the proceedings is made and that the record of proceedings and the exhibits (if any) are properly safeguarded.
33 Manner of voting of court martial
On any question to be determined by the court martial, the members of the court martial shall vote orally, in order of seniority commencing with the junior in rank.
34 Objections to members of court martial
(1) Before the members of the court martial are sworn, their names shall be read to the accused person and that person shall be asked whether he or she objects to be tried by any of them.
(2) This rule applies in relation to a reserve member or new member who is appointed to a court martial in place of another member in like manner as it applies in relation to an original member of the court martial.
35 Swearing of court martial
(1) After all objections by the accused person to members of the court martial have been dealt with and before the arraignment of the accused person begins, the judge advocate shall administer, or cause to be administered, an oath or affirmation to the President and each other member of the court martial in the presence of the accused person.
(2) The oath or affirmation to be taken or made by a person for the purposes of this rule is an oath or affirmation that the person will duly administer justice according to law without fear or favour, affection or ill‑will, that the person will well and truly try the accused person or persons before the court martial according to the evidence and that the person will not disclose the vote or opinion of any member of the court martial unless required to do so in due course of law.
Part VIII Defence Force magistrate
36 Functions of Defence Force magistrate
In addition to any functions conferred on the Defence Force magistrate by the Act, the regulations or any other rule, the functions of the magistrate at any proceedings before the magistrate are to ensure:
(a) that the proceedings are conducted in accordance with the Act and these Rules and in a manner befitting a court of justice;
(b) that an accused person who is not represented does not in consequence of that fact suffer any undue disadvantage; and
(c) that a proper record of the proceedings is made and that the record of proceedings and the exhibits (if any) are properly safeguarded.
Part IX Trial provisions
37 Employment of, objections to, and swearing of recorders and interpreters
(1) An appropriate authority may arrange for a person to act as a recorder or as an interpreter at proceedings before a service tribunal.
(2) The accused person may enter an objection to a recorder or interpreter on the ground of partiality or incompetence or both.
(3) Where the service tribunal or, in the case of a court‑martial, the judge advocate, is satisfied that the accused person has substantiated an objection entered by that person under this rule, the service tribunal or the judge advocate, as the case may be, shall allow the objection.
(4) Before a person begins to act as a recorder or an interpreter, the service tribunal or, in the case of a court martial, the judge advocate, shall administer, or cause to be administered, an oath or affirmation to that person before the person begins so to act.
(5) The oath or affirmation to be taken or made by a person for the purposes of this rule is an oath or affirmation:
(a) in the case of a person who is to act as a recorder — that the person will, to the best of the person’s ability, truly record or transcribe or both (as the case may be) the evidence to be given before the service tribunal and such other matters as may be required and (where a transcript is required to be made) will deliver to the service tribunal a true transcript of the same; or
(b) in the case of a person who is to act as an interpreter — that the person will, to the best of the person’s ability, truly interpret and translate as the person will be required to do.
38 Administration of oaths and affirmations
(1) The relevant authority may permit a person to take an oath in such manner as the person taking the oath declares to be binding on the person’s conscience.
(2) In this rule relevant authority means:
(a) in relation to an officer to be sworn as a member of a court martial — the judge advocate;
(b) in relation to a witness — the appropriate authority;
(c) in relation to an interpreter or a recorder — the service tribunal or, in the case of a court martial, the judge advocate.
39 Application by accused person or prosecutor for adjournment of proceedings
The accused person or the prosecutor may, at any time, apply to the service tribunal, on any reasonable grounds, for an adjournment of the proceedings before the tribunal.
40 Right of accused person and prosecutor to argue and adduce evidence on matter to be decided by service tribunal
The accused person and the prosecutor may properly argue, and adduce evidence relevant to, any question presented to the service tribunal for decision.
41 Pleading to charges and arraignment
(1) Where there is more than one charge against an accused person before a service tribunal, that person shall be required to plead separately to each charge.
(2) Where:
(a) there is more than one charge against an accused person before a court martial or a Defence Force magistrate; and
(b) the charges are contained in more than one charge sheet,
the service tribunal shall arraign and try that person on the charge or charges in a charge sheet (other than taking action under paragraph 132 (1) (g) or 135 (1) (g) of the Act) before the tribunal arraigns and tries the person on a charge in another charge sheet.
(3) Where an accused person is convicted by a court martial or a Defence Force magistrate of a charge which is one of 2 or more charges stated in the charge sheet in the alternative, that person shall not be convicted by that service tribunal of any charge which is alternative to the charge of which that person has been convicted and which is placed after it on the charge sheet.
42 Opening address by prosecution
Before the first prosecution witness is called to give evidence at a trial, the prosecutor may, and at a trial by a court martial or a Defence Force magistrate shall, make an opening address to the tribunal, stating briefly:
(a) the elements of the offence charged which have to be proved before the accused person can be convicted;
(b) the alleged facts upon which the prosecutor will rely to support the charge; and
(c) the nature of the evidence which the prosecutor proposes to adduce to prove the alleged facts.
43 Service tribunal may direct substitution of plea of not guilty
Where at any time during a trial it appears to the service tribunal or, in the case of a trial by court martial, the judge advocate, that an accused person who has pleaded guilty does not understand the effect of that plea, the service tribunal shall substitute a plea of not guilty and proceed accordingly.
44 Submission of no case to answer
At the close of the case for the prosecution, the accused person may submit to the service tribunal in respect of a charge that the evidence adduced is insufficient to support the charge.
45 Opening address by defence
Where the accused person intends to call a witness to give evidence as to the facts of the case (other than himself), the person may, before he calls the first such witness, make an opening address to the service tribunal stating the nature and general effect of the evidence which the person proposes to adduce in the person’s defence.
47 Closing addresses
(1) After all the evidence has been given, the accused person and the prosecutor may each make a closing address to the service tribunal.
(2) Any closing address by the prosecutor shall be made before the closing address (if any) by the accused person.
(3) Subject to subrule (4), where two or more accused persons are charged in the same charge sheet, their closing addresses shall be made in the order in which their names are listed on the charge sheet.
(4) When two or more accused persons are represented by the same person, that person may make one closing address only.
48 Summing up
After the closing addresses (if any) at a trial by court martial, the judge advocate shall sum up the evidence and direct the court martial on the law relating to the case (including Part IV of the Act).
49 Evidence as to material facts after conviction on plea of guilty
Where, on the trial of a charge, the accused person pleads guilty and is convicted, then:
(a) the prosecutor shall inform the service tribunal of the material facts which show the nature and gravity of the offence;
(b) the convicted person may dispute any such facts; and
(c) the convicted person and the prosecutor may adduce evidence in relation to any fact so disputed.
50 Convicted person’s record etc and plea in mitigation
(1) After the conviction of a person by a service tribunal, the prosecutor shall cause evidence to be adduced as to:
(a) if the convicted person is a defence member or was a defence member at the time of commission of the offence of which he has been convicted — relevant particulars of his service in the Defence Force;
(b) particulars of any previous convictions of the convicted person for service offences, civil court offences and overseas offences; and
(c) such other matters relevant to determining action under Part IV of the Act in relation to the convicted person as the service tribunal requires.
(2) The convicted person may:
(a) give evidence, and call witnesses to give evidence, as to the convicted person’s character and in mitigation of punishment; and
(b) address the service tribunal in mitigation of punishment.
(3) Rule 18 applies to a witness (including the convicted person) who gives evidence under this rule as if a reference in that rule to the accused person was a reference to the convicted person.
Part X Procedure for imposing punishment in case of breach of undertaking to be of good behaviour
51 Application
This Part applies in relation to proceedings before a service tribunal for the purpose of imposing punishment on a convicted person in respect of a service offence in relation to which the convicted person gave, in accordance with subsection 75 (2) of the Act, an undertaking to another service tribunal to be of good behaviour for 12 months.
52 Swearing of court martial
(1) This rule applies in relation to proceedings before a court martial convened under paragraph 103 (6) (d) or subsection 103 (7) of the Act.
(2) After all objections by the convicted person to members of the court martial have been dealt with and before any service offence is read to the court martial, the judge advocate shall administer, or cause to be administered, an oath or affirmation to the President and each other member of the court martial in the presence of the convicted person.
(3) The oath or affirmation to be taken or made by a person for the purposes of this rule is an oath or affirmation that the person will duly administer justice according to law without fear or favour, affection or ill‑will and that the person will not disclose the vote or opinion of any member of the court martial unless required to do so in due course of law.
53 Evidence as to material facts, convicted person’s record etc and plea in mitigation
After the service offence in relation to which the convicted person gave an undertaking to be of good behaviour for a period of 12 months has been read to the service tribunal, action shall be taken in accordance with rules 49 and 50 as if the person had been convicted by that service tribunal and, in the case of rule 49, as if the person had pleaded guilty to a charge of that offence.
Part XI Record of proceedings and exhibits
54 Record of proceedings before court martial or Defence Force magistrate
(1) The proceedings before a court martial or a Defence Force magistrate shall, if practicable, be recorded verbatim.
(2) Where the proceedings before a court martial or a Defence Force magistrate are not recorded verbatim, they shall be recorded in sufficient detail to enable the course of the proceedings to be followed, and the merits of the case to be judged, from the record, and in particular:
(a) subject to paragraph (b), the evidence shall be taken down in narrative form as nearly as possible in the words used;
(b) if:
(i) the prosecution or the defence so requests and the judge advocate or the Defence Force magistrate so directs; or
(ii) in any other case, the judge advocate or the Defence Force magistrate so directs;
a particular question and the answer to it shall be taken down verbatim;
(c) a record shall be made of the proceedings relating to each objection, submission or application;
(d) subject to paragraph (e), any address by the prosecution or the defence or the summing up by the judge advocate, if not in writing, shall be recorded to such extent as the judge advocate or the Defence Force magistrate thinks fit; and
(e) if the prosecution or the defence so requires, a record shall be made of any particular point in the address by the prosecution or the defence or summing up by the judge advocate.
(3) Where the proceedings are recorded verbatim, the recorder shall prepare or cause to be prepared a transcript in writing which shall be authenticated by the person who made the transcript.
(4) If a conviction is recorded, the written record of the proceedings must be certified as true and correct, in writing, by the recorder and the judge advocate or the Defence Force magistrate as soon as practicable after the conclusion of the trial.
55 Record of proceedings of hearing before summary authority
(1) The record of proceedings of a hearing before a summary authority shall contain:
(a) the substance of the evidence of the witnesses; and
(b) such additional matter (if any) as is necessary to enable the merits of the case to be judged.
(2) If the proceedings of a hearing before a summary authority are recorded by means of shorthand or sound recording apparatus and the proceedings result in:
(a) a referral to the Director of Military Prosecutions; or
(b) a conviction on 1 or more charges on the charge sheet, including alternative charges;
the recorder must prepare, or cause to be prepared, a transcript in writing which must be authenticated by the person who made the transcript.
(3) The record of proceedings of a hearing before a summary authority shall be certified as true and correct:
(a) by the summary authority; and
(b) if the matter was recorded by a person other than the summary authority — by that other person;
as soon as practicable after the conclusion of the hearing.
56 Inspection of record of proceedings etc during trial
During a trial by a court martial or a Defence Force magistrate, the accused person and the prosecutor may, with the permission of the service tribunal:
(a) have a particular part of the record of proceedings read or played over to the accused person or the prosecutor, as the case may be; and
(b) if proper precautions are taken for its safety, inspect an exhibit.
57 Loss of original record of proceedings
(1) If, at any time, the whole or any part of the original record of proceedings before a service tribunal or an examining officer is lost, a valid and sufficient record of the proceedings for all purposes may be made by the signature of the prescribed person being affixed to a copy of the record of proceedings.
(2) In this rule, prescribed person means:
(a) in relation to proceedings before a court martial or a judge advocate — the judge advocate; or
(b) in relation to proceedings before any other service tribunal or an examining officer — the tribunal or officer.
58 Exhibits
(1) Subject to subrule (2), any document or thing admitted in evidence at a trial by a court martial or a Defence Force magistrate shall be made an exhibit.
(2) Where the court martial or the Defence Force magistrate is satisfied that a copy of, or an extract or relevant parts from, a document or book admitted in evidence is correct, the service tribunal may make that copy or extract an exhibit in place of the document or book.
Schedule 1 Statement of offences
(subrule 9 (4))
Part 1 Offences against Defence Force Discipline Act 1982
Item
Provision
Offence
1
section 15
Abandoning or surrendering a (place) (post) (service ship) (service aircraft) (service armoured vehicle)
2
section 15A
Causing the capture or destruction of a (service ship) (service aircraft) (service armoured vehicle)
3
section 15B
Aiding the enemy while captured
4
section 15C
Providing the enemy with material assistance
5
section 15D
Harbouring enemies
6
subparagraph 15E (1) (b) (i)
Giving false communication
7
subparagraph 15E (1) (b) (ii)
Altering or interfering with communication
8
subparagraph 15E (1) (b) (iii)
Altering or interfering with apparatus for giving or receiving communication
9
section 15F
Failing to carry out orders
10
section 15G
Imperilling the success of operations
11
section 16
Communicating with the enemy
12
section 16A
Failing to report information received from the enemy
13
section 16B
Committing the offence of [name of offence against section 15 to 16A (other than section 15B or 15C)] with intent to assist the enemy
14
paragraph 17 (1) (a)
Leaving (post) (position) (place) in connection with operations
15
paragraph 17 (1) (b)
Abandoning (weapons) (other equipment) in connection with operations
16
paragraph 17 (1) (c)
Failing to properly perform duty in attacking or defending against the enemy
17
subsection 18 (1)
Endangering morale
18
subsection 18 (2)
Endangering morale in connection with operations
19
subsection 19 (1)
Failing to rejoin force
20
subsection 19 (2)
Preventing another rejoining (his) (her) force
21
subsection 19 (3)
Securing favourable treatment to detriment of others
22
subsection 19 (4)
Ill treating other persons over whom member has authority
23
subsection 20 (1)
Mutiny
24
subsection 20 (2)
Mutiny in connection with service against enemy
25
subsection 21 (1)
Failing to suppress mutiny
26
subsection 21 (2)
Failing to suppress mutiny in connection with service against enemy
27
subsection 22 (1)
Absence from place of duty with intention to avoid active service
28
subsection 22 (2)
Absence without leave with intention to avoid active service
29
subsection 23 (1)
Absence from duty — failure to attend
30
subsection 23 (2)
Absence from duty — ceasing to perform
31
section 24
Absence without leave
32
section 25
Assaulting a superior officer
33
subsection 26 (1)
Engaging in (threatening) (insubordinate) (insulting) conduct
34
subsection 26 (2)
Using (threatening) (insubordinate) (insulting) language
35
section 27
Disobeying lawful command
36
section 28
Failing to comply with direction of person in command of (service ship) (service aircraft) (service vehicle)
37
section 29
Failing to comply with general order
38
subsection 30 (1)
Assaulting a guard
39
subsection 30 (2)
Assaulting a guard in connection with operations against the enemy
40
subsection 31 (1)
Obstructing a police member
41
subsection 31 (2)
Refusing to assist a police member
42
paragraph 32 (1) (a)
Sleeping (at post) (on watch) while on (guard duty) (watch)
43
paragraph 32 (1) (b)
Sleeping on duty while on (guard duty) (watch)
44
paragraph 32 (1) (c)
Being intoxicated while on (guard duty) (watch)
45
paragraph 32 (1) (d)
(Leaving post) (absence from place of duty) while on (guard duty) (watch)
46
subsection 32 (3)
Committing the offence of [name of offence against paragraph 32 (1) (a), (b), (c) or (d)] in connection with service against enemy
47
paragraph 33 (a)
Assaulting another person (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place)
48
paragraph 33 (b)
Creating a disturbance (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place)
49
paragraph 33 (c)
Engaging in obscene conduct (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place)
50
paragraph 33 (d)
Using (insulting) (provocative) words (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place)
51
section 34
Assaulting a subordinate
52
section 35
Negligent performance of duty
53
subsection 36 (1)
Dangerous conduct with knowledge of consequences
54
subsection 36 (2)
Dangerous conduct with recklessness as to consequences
55
subsection 36 (3)
Dangerous conduct with negligence as to consequences
56
section 36A
Unauthorised discharge of weapon
57
section 36B
Negligent discharge of weapon
58
section 37
Being intoxicated (while on duty) (when reporting for duty) (when required to report for duty)
59
paragraph 38 (1) (a)
Malingering — self injury
60
paragraph 38 (1) (b)
Malingering — prolonging sickness or disability
61
subsection 38 (2)
Malingering — falsely representing oneself as suffering from physical or mental condition
62
subsection 39 (1)
Intentionally causing (loss of) (stranding of) (hazarding of) service ship
63
subsection 39 (2)
Recklessly causing (loss of) (stranding of) (hazarding of) service ship
64
subsection 39 (3)
Negligently causing (loss of) (stranding of) (hazarding of) service ship
65
subsection 40 (1)
Driving a service vehicle while intoxicated
66
subsection 40 (2)
Driving a vehicle on service land while intoxicated
67
subsection 40A (1)
Dangerous driving of a service vehicle
68
subsection 40A (2)
Dangerous driving of a vehicle on service land
71
paragraph 40C (1) (a)
Driving a service vehicle while not authorised
72
paragraph 40C (1) (b)
Using a service vehicle for an unauthorised purpose
73
subsection 40D (1)
Driving a service vehicle without due care and attention or without reasonable consideration
74
subsection 40D (2)
Driving a vehicle on service land without due care and attention or without reasonable consideration
75
section 41
Flying a service aircraft below the minimum height
76
section 42
Giving inaccurate certification to a matter affecting a (service ship) (service aircraft) (service vehicle) (service missile) (service weapon)
77
subsection 43 (1)
Intentionally (destroying) (damaging) service property
78
subsection 43 (2)
Recklessly (destroying) (damaging) service property
79
subsection 43 (3)
Negligently (destroying) (damaging) service property
80
section 44
Losing service property
81
section 45
Unlawful possession of service property
82
section 46
Possession of property suspected of having been unlawfully obtained
83
section 47C
Theft
84
section 47P
Receiving stolen property
85
subsection 48 (1)
Looting
86
subsection 48 (2)
Receiving looted property
87
section 49
Refusing to submit to arrest
88
section 49A
Assault against arresting person
89
subsection 50 (1)
Delaying or denying justice by failing to take action to have charge dealt with
90
subsection 50 (2)
Delaying or denying justice by failing to take action to (release) (order release) of a person
91
section 51
Escaping from custody
92
section 52
Giving false evidence before a service tribunal
93
subparagraph 53 (1) (b) (i)
Failing to appear before a service tribunal as required by (summons) (order)
94
subparagraph 53 (1) (b) (ii)
Failing to appear and report when not excused by service tribunal
95
paragraph 53 (2) (a)
Refusing to take an oath or make an affirmation before a service tribunal
96
paragraph 53 (2) (b)
Refusing to answer a question before a service tribunal
97
paragraph 53 (2) (c)
Refusal to produce a document required by (summons) (order) before a service tribunal
98
paragraph 53 (4) (a)
Insulting a (member of a court martial) (judge advocate) (Defence Force magistrate) (summary authority)
99
paragraph 53 (4) (b)
Interrupting proceedings of a service tribunal
100
paragraph 53 (4) (c)
Creating a disturbance (in) (near) a service tribunal
101
paragraph 53 (4) (d)
Engaging in conduct that would constitute contempt of a service tribunal
102
subsection 54 (1)
Intentionally allowing a person in custody to escape
103
subsection 54 (2)
Unlawfully releasing a person in custody
104
subsection 54 (3)
Facilitating escape of a person in custody
105
subsection 54 (4)
Conveying a thing into place of confinement with intent to facilitate escape of a person
106
paragraph 54A (1) (a)
Detainee making unnecessary noise
107
paragraph 54A (1) (b)
Detainee committing a nuisance
108
paragraph 54A (1) (c)
Detainee being (idle) (careless) (negligent) at work
109
paragraph 54A (1) (d)
Detainee unlawfully communicating with another person
110
paragraph 54A (1) (e)
Detainee unlawfully (giving) (receiving) any thing
111
paragraph 54A (1) (f)
Detainee unlawfully being in possession of any thing
112
paragraph 54A (1) (g)
Detainee unlawfully (entering) (leaving) cell
113
subsection 54A (2)
Detainee failing to comply with a condition of grant of leave of absence
114
subsection 54A (6)
Aiding, abetting etc the commission of [name of offence against subsection 54A (1) or (2)]
115
paragraph 55 (1) (a)
(Making) (signing) false service document
116
paragraph 55 (1) (b)
Making false entry in service document
117
paragraph 55 (1) (c)
Altering a service document
118
paragraph 55 (1) (d)
(Suppressing) (defacing) (making away with) (destroying) a service document
119
paragraph 55 (1) (e)
Failing to make an entry in a service document
120
subsection 56 (1)
Knowingly making false or misleading statement in relation to application for benefit
121
subsection 56 (4)
Recklessly making false or misleading statement in relation to application for benefit
122
paragraph 57 (1) (a)
Person giving false answer to a question in a document relating to appointment or enlistment
123
paragraph 57 (1) (b)
Person giving false information or document in relation to appointment or enlistment
124
paragraph 57 (1) (c)
Person failing to disclose prior service
125
paragraph 57 (2) (a)
Member giving false answer to question in a document relating to appointment or enlistment
126
paragraph 57 (2) (b)
Member giving false information or document in relation to appointment or enlistment
127
paragraph 57 (2) (c)
Member failing to disclose prior service
128
section 58
Unauthorised disclosure of information
129
subsection 59 (1)
(Selling) (dealing) (trafficking) in narcotic goods outside Australia
130
subsection 59 (3)
Possession of narcotic goods outside Australia
131
subsection 59 (5)
Self administering narcotic goods other than cannabis outside Australia
132
subsection 59 (6)
Using cannabis
133
subsection 59 (7)
Possession of cannabis in Australia
134
section 60
Prejudicial conduct
135
subsection 61 (1)
Engaging in conduct in the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened]
136
subsection 61 (2)
Engaging in conduct in a public place outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened]
137
subsection 61 (3)
Engaging in conduct outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened]
138
section 62
Commanding or ordering commission of service offence
139
subsection 101QA (1)
Failing to submit to medical examination
140
subsection 101QA (2)
Failing to submit to the taking of a specimen
Part 2 Offences against Defence Force Discipline Regulations 1985
Item
Provision
Offence
1
subregulation 25B (2)
(Tampering with) (causing damage to) radar device
Part 3 Offences against Criminal Code
Item
Provision
Offence
1
Division 11.1
Attempt to commit [name of offence against the Defence Force Discipline Act 1982 or Defence Force Discipline Regulations 1985]
2
Division 11.2
Aiding, abetting etc the commission of [name of offence against the Defence Force Discipline Act 1982 (other than subsection 54A (1) or (2)) or Defence Force Discipline Regulations 1985]
3
Division 11.3
Procuring conduct of another person that would have constituted the offence of [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985] on the part of procurer
4
Division 11.4
Incitement to [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985]
5
Division 11.5
Conspiracy to commit [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985]
Notes to the Defence Force Discipline Rules 1985
Note 1
Note: The Defence Force Discipline Rules 1985 (in force under section 149 of the Defence Force Discipline Act 1982) as shown in this compilation comprise Statutory Rules 1985 No.128 amended as indicated in the Tables below.
Note: Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and is replaced with Select Legislative Instruments (SLI) series. Numbering conventions remain the same, ie Year and Number.
Note: > Note: Table of Instruments
Titler
Date of notificationin Gazette or FRLI registration