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Defence Force Discipline Act 1982

In force

Administered by

Department of Defence

Superseded version

View latest version

View as made version

C2013C00637

11 October 2013 - 30 June 2015

Table of contents

Part I—Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 4 Declaration of active service for disciplinary purposes
- 5 Commanding officers for disciplinary purposes
- 5A Appointment of superior authority
- 6 Further provision with respect to certain members of the Defence Force
- 7 Prisoners of war
- 8 Extension to external Territories
- 9 Extra-territorial operation of Act
Part II—Criminal liability
- 10 Application of the Criminal Code
- 11 Recklessness and negligence in relation to a member of the Defence Force
- 14 Act or omission in execution of law etc.
Part III—Offences
- Division 1—Offences relating to operations against the enemy
- Division 2—Mutiny, desertion and unauthorised absence
- Division 3—Insubordination and violence
- Division 4—Offences relating to performance of duty
- Division 5—Offences relating to ships, vehicles, aircraft and weapons
- Division 5A—Property offences
- Division 6—Arrest, custody and proceedings before service tribunals
- Division 6A—Custodial offences
  - 54A Custodial offences
- Division 7—Miscellaneous offences
- Division 8—Offences based on Territory offences
  - 61 Offences based on Territory offences
- Division 9—Miscellaneous
Part IV—Punishments and orders
- 66 Punishment or order to be in respect of a particular conviction
- 67 Authorised punishments
- 68 Scale of punishments
- 68A Scale of custodial punishments
- 68C Custodial punishments may be imposed for certain non-custodial service offences
- 69 Punishment not to be more severe than maximum punishment
- 70 Sentencing principles
- 71 Restrictions on power to impose punishments
- 72 Application of certain provisions of Crimes Act 1914
- 73 Imposition of fines
- 74 Concurrent or cumulative punishments
- 75 Conviction without punishment
- 76 Breach of undertaking to be of good behaviour
- 77 Taking other offences into consideration
- 78 Suspension of detention
- 79 Suspension of fines
- 80 Revocation of suspension of punishment
- 81 Remission of suspended punishment
- 82 Remission of punishment of detention on imprisonment
- 83 Restitution orders
- 84 Reparation orders
- 85 Payment of fines
Part V—Summons, arrest, custody and suspension from duty
- 86 Interpretation
- 86A Oaths, affirmations and affidavits
- 87 Summons and order in the nature of summons
- 88 Arrest, summons etc. where accused person not present at hearing before service tribunal
- 89 Arrest without warrant
- 90 Arrest under warrant
- 91 Power to enter to make arrest
- 92 Use of force in making arrest
- 93 Persons to be informed of grounds of arrest
- 94 Civil detention of arrested person
- 95 Avoidance of delay after arrest
- 95A Search of persons in custody in custodial facilities
- 96 Time limitation on charges
- 97 Release from custody
- 98 Suspension from duty on suspicion of offence etc.
- 99 Suspension from duty after conviction
- 100 Effect of custody or suspension from duty
Part VI—Investigation of service offences
- Division 1—Preliminary
  - 101 Interpretation
  - 101AA Oaths, affirmations and affidavits
- Division 2—Duties of investigating officers when interviewing suspects
- Division 3—Confessions
- Division 4—Other investigative action
- Division 5—Rights of persons charged with service offences
- Division 6—Search and seizure
- Division 7—Exclusion of evidence
  - 101ZB Exclusion of evidence illegally obtained
- Division 8—Application of Part
  - 101ZC Application of Part
Part VII—Service tribunals
- Division 1—Director of Military Prosecutions
  - 103 Courses open to Director of Military Prosecutions
- Division 2—Summary authorities
- Division 3—Courts martial
- Division 4—Defence Force magistrates
- Division 5—Nomination of Defence Force magistrates and members of courts martial
  - 129B Appointment of members of courts martial
  - 129C Judge Advocate General to nominate Defence Force magistrates
Part VIII—Procedure of service tribunals
- Division 1—Trial by summary authority
- Division 2—Trial by court martial or Defence Force magistrate
- Division 3—General
Part VIIIA—Review of proceedings of service tribunal
- Division 1—Appointment of reviewing authorities
  - 150 Appointment of reviewing authorities
  - 150A Meaning of competent reviewing authority
- Division 2—Automatic review by reviewing authority
- Division 3—Action on review of proceedings that have resulted in a conviction
- Division 4—Action on review of proceedings that have resulted in an acquittal on the ground of unsoundness of mind
- Division 5—Action on review of certain punishments and orders that are subject to approval by reviewing authority
Part IXA—Special procedures relating to certain minor disciplinary infringements
- 169A Definitions
- 169B Appointment of discipline officers
- 169BA Service chief may exempt certain defence members
- 169BB Relevant discipline officers
- 169C Jurisdiction of discipline officer
- 169D Issue of infringement notice
- 169E Election to be dealt with by discipline officer
- 169F Powers of discipline officer
- 169FA Commencement of punishments
- 169FB Consequences of punishments
- 169G Procedure before discipline officer
- 169GA Report by discipline officer
- 169H Destruction of records
- 169J This Part not a bar to action under other provisions
Part X—Execution and enforcement of punishments and orders
- 170 Warrants of commitment
- 171 Commencement of punishments and orders
- 172 Punishments and orders subject to approval
- 173 Suspension of operation of restitution orders and reparation orders
- 174 Recovery of fines etc.
- 175 Evidence of fine etc.
- 176 Stay of execution of punishment
- 177 Unlawful absence
Part XA—Detainees and detention centres
- 178 Interpretation
- 178A Search of detainees
- 178B Fingerprints, photographs etc. of detainees
- 178C Leave of absence of detainees
- 178D Regulations relating to detention centres
Part XI—Judge Advocate General, Deputy Judge Advocates General, Chief Judge Advocate, and Registrar of Military Justice
- Division 1—Judge Advocate General and Deputy Judge Advocates General
- Division 2—Chief Judge Advocate
- Division 3—The Registrar of Military Justice
Part XIA—Director of Military Prosecutions
- Division 1—Establishment and functions of the Director of Military Prosecutions
- Division 2—Administrative provisions about the Director of Military Prosecutions
- Division 3—Other matters
  - 188GR Delegation
Part XII—Miscellaneous
- 189 Royal prerogative of mercy
- 190 Jurisdiction of civil courts in relation to offences
- 191 Evidentiary certificate
- 192 Evidence of warrant of commitment
- 193 Protection of members of courts martial etc.
- 194 Persons found to be of unsound mind
- 194A Persons required as witnesses before service tribunals
- 195 Supply of record of proceedings
- 196 Judge advocates’ panel
- 196A Annual report relating to Defence Force discipline law
- 196B Annual report relating to the operations of the Director of Military Prosecutions
- 197 Regulations
Schedule 1A—Certain disciplinary offences
Schedule 1—Corresponding punishments
Schedule 2—Punishments that may be imposed by a court martial or a Defence Force magistrate
Schedule 3—Punishments that may be imposed by a summary authority
- 1 Punishments that may be imposed by a superior summary authority
- 2 Punishments that may be imposed by a commanding officer
- 3 Punishments that may be imposed by a subordinate summary authority
Schedule 3A—Punishments that may be imposed by a summary authority on detainees convicted of certain offences
Schedule 4
Schedule 5
Schedule 6—Alternative offences
- Endnotes