Part 2Offences
Offences relating to judicial proceedings, etc
70Offences relating to proceedings of military tribunal or court of inquiry
Every person who is subject to this Act commits an offence if the person—
- fails without reasonable excuse to comply with a summons or order to attend as a witness before a military tribunal or court of inquiry; or
- refuses to swear an oath when required to do so by a military tribunal or court of inquiry; or
- refuses to produce any papers, documents, records, or things in that person’s possession or under that person’s control that a military tribunal or court of inquiry has lawfully required the person to produce; or
- being a witness, refuses to answer any question that a military tribunal or court of inquiry has lawfully required the person to answer; or
- disobeys or evades any order or direction made or given by a military tribunal or court of inquiry in the course of the hearing of any proceedings before it; or
- wilfully publishes any statement in respect of the proceedings before a military tribunal or court of inquiry that—
- without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or
- is likely to interfere with the proper administration of justice; or
- without foundation states or implies that the military tribunal or court of inquiry has not acted or is not acting impartially; or
- insults, threatens, or interferes with a disciplinary officer or any member of the Summary Appeal Court, the Court Martial, or a court of inquiry while the disciplinary officer or member is attending, or is on the way to or from, the proceedings before the disciplinary officer, the Summary Appeal Court, the Court Martial, or the court of inquiry; or
- insults, threatens, or interferes with any witness or other person under a duty to attend the proceedings before a military tribunal or court of inquiry while the witness or other person is attending, or is on the way to or from, the proceedings; or
- interrupts the proceedings before a military tribunal or court of inquiry or otherwise misbehaves during the proceedings.
A person who commits an offence under subsection (1) is liable to imprisonment for a term not exceeding 6 months.
Despite subsection (2), if a person commits an offence against subsection (1)(e) to (i) in relation to the Court Martial, that court may, by order of the Judge, sentence the person for the offence,—
- in the case of a convicted member of the Armed Forces,—
- to imprisonment for a term not exceeding 21 days; or
- except in the case of an officer, to detention for a term not exceeding 21 days; or
- to a fine not exceeding the amount of the person’s basic pay for 28 days; or
- to imprisonment for a term not exceeding 21 days; or
- in the case of any other person subject to this Act, to a fine not exceeding $1,000.
Notes
- Section 70: substituted, on , by section 17 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).


