9Summons to give evidence before, or produce documents to, service tribunal

9 Summons to give evidence before, or produce documents to, service tribunal

(1) The power to summon witnesses to give evidence and produce documents conferred by section 138 of the Defence Force Discipline Act 1982 shall, subject to the condition specified in subregulation (2), be exercisable, with respect to the service tribunals of a visiting force of a country in relation to which section 8 of the Act applies, by: (a) an appropriate authority within the meaning of the Defence Force Discipline Act 1982; or (b) an officer who holds a rank not below the rank of Commander in the Navy, Lieutenant Colonel in the Army or Wing Commander in the Air Force. (2) The condition subject to which the power to summon a witness shall be exercisable by an appropriate authority or an officer referred to in subregulation (1) is that the authority or officer, as the case requires, is satisfied that the person requesting the issue of the summons has paid or will pay the reasonable expenses of the witness in attending before the service tribunal.