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Defence Force Discipline Regulations 1985

Authoritative Version
  • - F2011C00695
  • In force - Superseded Version
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SR 1985 No. 125 Regulations as amended, taking into account amendments up to Defence Force Discipline Amendment Regulations 2011 (No. 1)
Principal Regulations; Modifies the Evidence Act 1905.
Administered by: Defence
Registered 22 Aug 2011
Start Date 20 Aug 2011
End Date 11 Aug 2015
Table of contents.
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Collapse Part I Preliminary 
Part I Preliminary
1 Name of Regulations [see Note 1]
2 Commencement
3 Interpretation
3A Application of Criminal Code
Expand Part II Detainees and detention centres 
Part II Detainees and detention centres
Expand Part III Evidence 
Part III Evidence
Expand Part IV Miscellaneous 
Part IV Miscellaneous
Expand Part V Transitional 
Part V Transitional

Defence Force Discipline Regulations 1985

Statutory Rules 1985 No. 125 as amended

made under the

This compilation was prepared on 20 August 2011
taking into account amendments up to SLI 2011 No. 150

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

Part I                            Preliminary                                                                 

                        1      Name of Regulations [see Note 1]                                    5

                        2      Commencement                                                              5

                        3      Interpretation                                                                   5

                      3A      Application of Criminal Code                                           5

Part II                           Detainees and detention centres                         

Division 1                    Application                                                                     

                        4      Application of Divisions 2 and 3                                      6

Division 2                    General administration and classification of detention centres     

                        5      Detention centres                                                            6

                        6      Duties of officer in charge                                               7

                        7      Accommodation of detainees                                          7

                        8      Cleanliness                                                                     8

                        9      Meals                                                                             8

                       10      Purchases                                                                      8

                       11      Exercise                                                                         8

                       12      Newspapers etc                                                              9

                       13      Visiting officers                                                              9

                       14      Duties of visiting officers                                                9

                       15      Visits                                                                              9

                       16      Religion                                                                        10

                       17      Employment                                                                 10

                       18      Period of work                                                              11

Division 3                    Correspondence                                                             

                       19      Interpretation — Division 3                                             11

                       20      Persons authorised to open correspondence etc            11

                       21      Receiving and sending letters                                        12

                       22      Correspondence to be opened in certain cases               13

                       23      Impounded articles                                                        14

Division 4                    Remission and release                                                   

                       24      Remission                                                                     14

                       25      Release                                                                        15

Part III                         Evidence                                                                     

                    25A      Evidence of speed of vehicles — use of speed measuring devices  16

                    25B      Offence in relation to speed measuring devices              21

                       26      Admissibility of evidence adduced before summary authority           21

                       27      Evidence of general orders                                            22

                       29      Modifications of provisions of the Evidence Act 1971 (ACT) in their application to proceedings before a court martial or Defence Force magistrate         22

                       30      Modification of the definition of business in subsection 7A of the Evidence Act 1995 in its application to proceedings before a service tribunal        22

Part IV                        Miscellaneous                                                           

                       31      Calculation of daily rate of pay of convicted person       23

                       32      Chaplains — notional rank                                             23

                    32A      Special procedures relating to certain minor disciplinary infringements — junior officers        24

                       33      Members receiving instruction or training                        24

                    33A      Form of oath or affirmation                                            26

                       34      Service of summons etc                                                26

                       35      Power of arrest: service policemen and others                27

                    35A      Form of oath or affirmation                                            27

                       36      Form of caution for purposes of subsection 101D (2) of the Act       27

                       37      Prescribed places for purposes of section 101F of the Act 28

                       38      Form of acknowledgment of record of interview             28

                       39      Form of certificate for purposes of sub‑subparagraph 101K (4) (d) (ii) (B) of the Act  28

                       40      Form of explanation for purposes of paragraph 101K (4) (e) of the Act         28

                       41      Prescribed class of persons for purposes of paragraph 101K (14) (a) of the Act       28

                       42      Form of acknowledgment for purposes of subsection 101N (2) of the Act     29

                       43      Form of acknowledgment for purposes of subsection 101ZA (2) of the Act   29

                       44      Prescribed service offences for purposes of paragraph 104 (b) of the Act    29

                       45      Prescribed class of officers for the purposes of paragraph 108 (4) (a) of the Act      29

                    45A      Remuneration for Deputy Judge Advocates General (Act s 185)        30

                       46      Fees                                                                             30

                       47      Record of previous convictions                                     30

Part V                          Transitional                                                                

                       48      Transitional                                                                   32

Schedule 1                  Modifications of provisions of Evidence Act 1971 (ACT) in their application to proceedings before court martial or Defence Force magistrate         33

Schedule 2                  Forms                                                                          37

Form 1A                                                                                                      37

Form 1                           Caution to person charged or summoned                       37

Form 2                           Certificate of appropriate witness                                   38

Form 3                           Explanation to accused                                                 39

Form 4                           Acknowledgment of suspect in relation to the holding of an identification parade      41

Form 5                           Acknowledgement of consent to search                         43

Form 6                           Appointment of authorised tester                                   44

Form 7                           Certificate of testing of speed measuring device (valid for 12 months)          45

Form 8                           Certificate of having operated a speed measuring device 46

Schedule 3                  Prescribed places for purposes of section 101F of the Act 48

Notes                                                                                                          50

 


Part I                  Preliminary

  

1              Name of Regulations [see Note 1]

                These Regulations are the Defence Force Discipline Regulations 1985.

2              Commencement

                These Regulations shall come into operation on 3 July 1985.

3              Interpretation

                In these Regulations, unless the contrary intention appears:

member of the staff has the same meaning as in Part XA of the Act.

officer cadet means an officer who holds:

                (a)    in the Navy — the rank of midshipman; or

               (b)    in the Army or the Air Force — the rank of officer cadet.

the Act means the Defence Force Discipline Act 1982.

3A           Application of Criminal Code

                Chapter 2 of the Criminal Code applies to offences against these Regulations.

Note   Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. 


 

Part II                 Detainees and detention centres

Division 1              Application

4              Application of Divisions 2 and 3

                The requirements of Divisions 2 and 3 apply in respect of a detention centre under the control of a part of the Defence Force the members of which are on active service only if, and to the extent that, the exigencies of service permit.

Division 2              General administration and classification of detention centres

5              Detention centres

         (1)   A detention centre shall be conducted as:

                (a)    a unit detention centre;

               (b)    an area detention centre; or

                (c)    a corrective detention centre;

as declared in writing by the Chief of the Defence Force, a service chief or an authorized officer.

         (2)   A person who is sentenced to detention for a period shall not be detained:

                (a)    in a unit detention centre — if the period exceeds 7 days; or

               (b)    in an area detention centre — if the period exceeds 14 days.

         (3)   In calculating a period of detention for the purposes of subregulation (2):

                (a)    where a detainee is sentenced to 2 or more concurrent periods of detention — the period of detention shall be taken to be the longer or longest of those periods; or

               (b)    where a detainee is sentenced to 2 or more periods of detention to be served consecutively — the period shall be taken to be the aggregate of those periods.

6              Duties of officer in charge

         (1)   The officer in charge of a detention centre is responsible to the officer’s immediate superior officer for the management, control and security of the centre and the welfare of all detainees in the centre.

         (2)   The officer in charge of a detention centre shall:

                (a)    cause each detainee to be interviewed as soon as practicable after the detainee is admitted to the centre; and

               (b)    cause to be brought to the attention of each detainee such of these Regulations and the general orders as are applicable to the detainee in relation to the detainee’s detention in the centre.

         (3)   The officer in charge of a detention centre shall:

                (a)    as far as practicable, visit each part of the detention centre and each detainee every day;

               (b)    visit and inspect the detention centre at least once each week at night at a time not known in advance by any other person in the centre; and

                (c)    ensure that the treatment of detainees is consistent with their rehabilitation for further naval, military or air force service.

7              Accommodation of detainees

         (1)   Every detainee shall, as far as practicable, be accommodated in a separate cell.

         (2)   Where it is not practicable to provide every detainee with a separate cell, there shall be not less than 3 detainees accommodated in each cell containing more than one detainee.

         (3)   Every detainee shall be provided with a separate bed.

         (4)   Every cell shall:

                (a)    be of such a size and be provided with such heating, lighting, ventilation and equipment as is necessary for the preservation of the physical and mental health of a detainee; and

               (b)    be provided with a means of enabling a detainee to express at any time a wish to communicate with a member of the staff.

8              Cleanliness

                A detainee shall be provided with facilities to enable the detainee to maintain proper standards of cleanliness and clothing.

9              Meals

         (1)   A detainee shall be provided each day with food of such type and in such quantities as is ordinarily provided to other members of the Defence Force.

         (2)   A detainee may, subject to the general orders, purchase food in addition to that provided in accordance with subregulation (1).

10            Purchases

                A detainee may make such purchases, not being purchases referred to in regulation 9 or 12, as the officer in charge of the detention centre thinks fit.

11            Exercise

                A detainee under punishment of segregated confinement or confinement to cell or who is directed to work indoors within a detention centre shall, if practicable, be permitted to exercise daily in open air.

12            Newspapers etc

                A detainee shall be permitted to purchase such newspapers and be permitted to view or listen to such daily television or radio broadcasts as the officer in charge of the detention centre thinks reasonable.

13            Visiting officers

                An authorized officer shall appoint, in respect of each area detention centre or corrective detention centre, at least one officer to be a visiting officer.

14            Duties of visiting officers

                A visiting officer shall:

                (a)    visit and inspect the area detention centre or corrective detention centre in respect of which the visiting officer is appointed at such times or at such intervals as an authorized officer directs;

               (b)    as far as practicable, visit all detainees at that detention centre and hear any complaints or requests they wish to make;

                (c)    furnish a report to the proper authority after each visit and inspection made pursuant to paragraph (a); and

               (d)    make a record of any complaint made to the officer by a detainee and make such inquiries into the complaint as are reasonable and report the complaint and the result of those inquiries to the proper authority.

15            Visits

         (1)   A detainee shall be permitted at reasonable times to receive visits from:

                (a)    a visiting officer appointed under regulation 13;

               (b)    a medical officer;

                (c)    a chaplain;

               (d)    a legal practitioner; or

                (e)    a police officer.

         (2)   A detainee shall be permitted to receive visits from persons other than persons referred to in subregulation (1).

         (3)   Permission given under subregulation (2) to receive a visit at a detention centre may be given subject to such reasonable conditions as the officer in charge of the detention centre thinks fit.

         (4)   A visit permitted under this regulation shall take place out of the hearing, but within the sight, of a member of the staff.

         (5)   Where there are reasonable grounds for believing that a visitor to a detention centre is likely to endanger or interfere with the security or discipline of the centre the officer in charge of the centre may refuse the visitor entry to, or cause the visitor to be removed from, the centre and may use such reasonable force as is necessary for the purpose.

16            Religion

                A detainee shall, as far as is reasonable, be permitted to:

                (a)    engage in the normal activities of his or her religion or, with the approval of the officer in charge of the detention centre, of another religion; and

               (b)    have in his or her possession or have access to books and objects used in the practice of his or her religion.

17            Employment

         (1)   The officer in charge of a detention centre may direct a detainee to be employed in kinds of work that it is reasonable to expect the detainee to perform.

         (2)   In directing a detainee to perform particular work, the officer in charge of a detention centre shall take into account the religion and the mental and physical capacity of the detainee.

         (3)   A detainee shall not be employed otherwise than for the benefit of the Commonwealth.

         (4)   A detainee shall not be required to perform work on a day of religious observance other than such work as is necessary for the continued daily operation of the detention centre.

         (5)   In subregulation (4), day of religious observance means Christmas Day, Good Friday or:

                (a)    in the case of a detainee of a particular denomination, a day recognised as the sabbath in that denomination; or

               (b)    in any other case, Sunday.

18            Period of work

         (1)   Subject to subregulation (2), a detainee shall be required to perform work each day for not less than 6 hours, if that is practicable, but not more than 9 hours.

         (2)   A detainee shall not be required to perform work that, in the opinion of a medical practitioner, would be likely to be detrimental to the physical or mental health of the detainee.

Division 3              Correspondence

19            Interpretation — Division 3

                In this Division:

authorized member means a member of the staff of a detention centre authorized under regulation 20.

contraband includes any substance or item, other than money, the possession of which by a detainee is not permitted by or under the Act.

letter means a card, telegram, document or other form of written communication and includes an envelope containing any of those things.

parcel means a package or other similar article, and includes any parcel or package containing a book, newspaper, magazine or other similar printed material.

20            Persons authorised to open correspondence etc

                The officer in charge of a detention centre may authorize a member of the staff, to the extent permitted by regulations 21 and 22, to open and inspect letters and parcels sent to or proposed to be sent by a detainee and to read such letters.

21            Receiving and sending letters

         (1)   Subject to this Division, a detainee may send letters or parcels to, and receive letters or parcels from, persons who are not detained on agreeing, in the case of letters or parcels sent by post, to the opening or inspection of those letters or parcels in accordance with this Division.

         (2)   A detainee shall be permitted to send:

                (a)    immediately on being admitted — 2 letters;

               (b)    in every week of detention — 2 letters; and

                (c)    such additional letters as the officer in charge of the detention centre permits.

         (3)   Where a detainee delivers to the officer in charge of a detention centre, or a member of the staff, a letter addressed by the detainee to the Defence Force Ombudsman, a member of Parliament, a member of the legal profession or an authorized officer:

                (a)    the officer in charge shall cause the letter to be sent to the addressee; and

               (b)    the letter shall not be opened, inspected or read other than by the person to whom it is addressed or some other person authorized by that person.

         (4)   A letter that has been, and whose envelope purports to have been, addressed to a detainee by the Defence Force Ombudsman shall not be opened, inspected or read other than by that detainee or some other person authorized by that detainee.

         (5)   Where a member of Parliament or of the legal profession sends to a detainee a letter contained in a sealed envelope accompanied by a letter addressed to the officer in charge of the detention centre indicating that privilege is claimed in respect of the letter in the sealed envelope, that sealed envelope and letter shall not, except as provided in subregulation (6), be opened and inspected or read by any person other than the detainee or some other person authorized by that detainee.

         (6)   Where the officer in charge or an authorized member has reasonable grounds for believing that a sealed envelope referred to in subregulation (5) addressed to a detainee may contain money, contraband or any item or matter that is likely to adversely affect the security, discipline or good order of the centre, the detainee may be required to open the sealed envelope in the presence of the officer in charge or the authorized member.

         (7)   Where a sealed envelope is opened in accordance with subregulation (6) and found to contain money, contraband or any other item or matter that, in the opinion of the officer in charge of a detention centre, may adversely affect the security, discipline or good order of the centre, the sealed envelope or money, contraband, other item or matter contained in the envelope or any or all of them, may be impounded.

22            Correspondence to be opened in certain cases

         (1)   Subject to regulation 21, where an officer in charge of a detention centre or an authorized member has reasonable grounds for believing that the security, discipline or good order of the centre is likely to be adversely affected by the delivery to or despatch from a detainee of any letter or parcel the officer in charge or the authorized member may open and inspect that letter or parcel and read that letter.

         (2)   If, following the opening, inspection and reading of a letter or the opening and inspection of a parcel in accordance with subregulation (1), a letter or parcel is found to contain money, contraband or any item or matter that, in the opinion of the officer in charge of a detention centre, may adversely affect the security, discipline or good order of the centre, that letter or parcel and money, contraband or other item or matter contained in the letter or parcel or any or all of them, may be impounded.

         (3)   Where any letter, parcel, contraband or other item or matter is impounded under subregulation (2) at a detention centre the officer in charge of the centre shall inform the detainee.

23            Impounded articles

                Anything impounded under subregulation 21 (7) or 22 (2) may be dealt with in accordance with such directions as may be given by the Chief of the Defence Force or a service chief.

Division 4              Remission and release

24            Remission

         (1)   A detainee is entitled to remission of detention in accordance with this regulation.

         (2)   A detainee who is serving a period of detention of not less than 28 days is, subject to this regulation, entitled to a remission of one‑quarter of the period of detention.

         (3)   Where the remission of a period of detention would, but for this subregulation, reduce the period of detention to less than 24 days, the period of detention remitted shall be limited to so much of the period of detention as exceeds 24 days.

         (4)   Where a custodial punishment is imposed on a detainee, the period of remission to which a detainee would, but for this subregulation, be entitled, shall be reduced:

                (a)    for each day of the punishment of segregated confinement served by the detainee — by 3 days;

               (b)    for each day of the punishment of confinement to a cell served by the detainee — by 2 days;

                (c)    for each day of the punishment of extra drill served by the detainee — by 1 day; or

               (d)    for continuous or discontinuous periods of the punishment of restriction of custodial privileges which in the aggregate amount to more than 7 days — by 1 day for each such period of not less than 7 days.

         (5)   Where a punishment of a period of detention is imposed on a detainee in respect of an offence committed during a period of detention, remission does not accrue in respect of the latter period of detention.

25            Release

         (1)   Where, but for this regulation, a period of punishment by remission or otherwise would expire on a Sunday or public holiday, the officer in charge may remit so much of the unexpired period of detention as would enable the detainee to be released on the last day preceding that Sunday or public holiday, as the case requires, that is not a Sunday or public holiday.

         (2)   A detainee may be released at any time during the period of 24 hours immediately preceding the expiration of the detainee’s period of detention.


 

Part III                 Evidence

  

25A         Evidence of speed of vehicles — use of speed measuring devices

         (1)   In this regulation, unless the contrary intention appears:

AS 4691.1 ‑ 2003 means the Australian Standard, Laser‑based speed detection devices, Part 1: Definitions and device requirements, published by Standards Australia on 12 August 2003.

authorised tester means a person holding an appointment under subregulation (4).

laser‑based device means a device, for measuring the speed of vehicles, of the type known as The Kustom Prolaser II or LTI 20‑20 TruSpeed.

radar device means a device, for measuring the speed of vehicles, of the type known as The Kustom Falcon.

registration number, in relation to a vehicle, means the figures, letters or figures and letters appearing on a number‑plate affixed to the vehicle, and issued or apparently issued by a competent authority or officer of the Commonwealth or a State or Territory.

relevant occasion means an occasion mentioned in subregulation (2) and concerning which evidence is adduced or sought to be adduced in proceedings mentioned in that subregulation.

speed measuring device means a device for measuring the speed of vehicles that is:

                (a)    a laser‑based device; or

               (b)    a radar device.

vehicle means a motor‑powered vehicle, and includes a service vehicle.

         (2)   Subject to subregulation (3), in proceedings before a court martial or Defence Force magistrate for an offence in which the speed of a vehicle on an occasion is a relevant fact or issue, evidence of the speed of the vehicle as measured on that occasion by means of a speed measuring device is evidence of the speed of the vehicle on that occasion.

         (3)   Subregulation (2) does not apply unless the court martial or Defence Force magistrate that is hearing the proceedings is satisfied that:

                (a)    the speed measuring device that was operated on the relevant occasion was, not more that 12 months before that occasion, tested in accordance with subregulation (5) or (5A), and met the criteria specified in paragraph (5) (a) or (5A) (a) when so tested;

               (b)    the device was, upon completion of that test, sealed in accordance with subregulation (6); and

                (c)    on the relevant occasion the device was operated in accordance with subregulation (7) or (7A).

         (4)   An officer, not below the rank of brigadier, commodore or air commodore, may by instrument in accordance with Form 6 appoint an electrical engineer or an electronic technician as an authorised tester for the purposes of this regulation.

         (5)   The requirements for testing a radar device are:

                (a)    that the test is such as will ensure, with respect to the speed computing components of the device, that the device (if it passes the test) meets the following criteria:

                          (i)    the circuit is in accordance with the manufacturer’s circuit design, or any modification to that design approved by the manufacturer;

                         (ii)    the device is in a satisfactory electrical condition and a satisfactory state of maintenance; and

                        (iii)    the device is properly calibrated, and the frequencies at which the calibration is effected produce speed readings, within a limit of error plus or minus 2 kilometres per hour of true speeds, determinable from those frequencies;

               (b)    that the person who conducts the test forthwith makes, signs and dates a statement containing the following information derived from the test:

                          (i)    the speeds at which the calibration was effected and the number of times at each speed that the calibration was effected;

                         (ii)    the type of the device;

                        (iii)    the identification number or symbols of the device;

                        (iv)    the date of the test;

                         (v)    the ambient temperature at the time of the test; and

                        (vi)    any other results of the test and any comments of that person on the test or its results; and

                (c)    that the person who conducts the test is an authorised tester.

      (5A)   The requirements for testing a laser‑based device are:

                (a)    that the test is such as will ensure that the device (if it passes the test) meets the following criteria:

                          (i)    the optical output power of the device is within the specification provided by the manufacturer of the device, or any modification to that design approved by the manufacturer;

                         (ii)    the device is properly calibrated in accordance with the manufacturer’s instructions, and the frequencies at which the calibration is effected produce the following readings determinable from those frequencies:

                                   (A)     for speed — within a limit of error plus or minus 2 kilometres per hour of true speeds;

                                   (B)     for range — within a limit of accuracy of error plus 0.3 metres, or minus 0.4 metres (or plus 1 foot, or minus 2 feet), for both the short range and long range tests, and using either the simulator or physical method mentioned in AS 4691.1 ‑ 2003; and

Note   Appendix A of AS 4691.1 ‑ 2003 sets out the simulator method of testing laser‑based speed detection devices, and Appendix C sets out the physical method.

               (b)    that the person who conducts the test makes, titles and dates a report containing the following information:

                          (i)    a unique reference number identifying the report;

                         (ii)    the date of the test;

                        (iii)    the name and address of the laboratory that performed the test;

                        (iv)    the identification number or symbols of the device that was tested;

                         (v)    any other results of the test and any comments of that person on the test or its results; and

                (c)    that the person who conducts the test is an authorised tester.

         (6)   The requirements for sealing a speed measuring device are:

                (a)    that the person who seals the device conducted the test of the device in accordance with subregulation (5) or (5A);

               (b)    that the device met the criteria specified in paragraph (5) (a) or (5A) (a) during the test; and

                (c)    that that person upon completion of the test seals the device in such a way as to prevent the device being tampered with or interfered with without breaking the seal.

         (7)   The requirements for operating a radar device are:

                (a)    that the seal on the device is intact;

               (b)    that the digital speed display of the device when connected to a source of electric power displays a reading of (888);

                (c)    that the doppler audio signal of the device is set at a level clearly audible to the operator;

               (d)    that the operator operates the device with the device aimed in the direction of the vehicle whose speed is to be measured while that vehicle is in the operator’s line of vision;

                (e)    that while the device is so aimed the operator reads the speed displayed on the digital speed display of the device;

                (f)    that as soon as practicable the operator records:

                          (i)    the speed so displayed; and

                         (ii)    the make and registration number of the vehicle whose speed was so measured; and

               (g)    that the operator is a police member.

      (7A)   The requirements for operating a laser‑based device are:

                (a)    the operator of the device must be a police member; and

               (b)    for the Kustom Prolaser II — at the start and the end of each shift in which the device is used, the operator must test the device by performing the following checks, in accordance with the manufacturer’s instructions:

                          (i)    an instrument confidence check;

                         (ii)    a calibration verification check;

                        (iii)    a scope alignment check; and

                (c)    for the LTI 20‑20 TruSpeed — at the start and the end of each shift in which the device is used, the operator must test the device by performing the following tests, in accordance with the manufacturer’s instructions:

                          (i)    an initialization and display segments test;

                         (ii)    a scope alignment test;

                        (iii)    a fixed distance/zero velocity test.

         (8)   The production to a court martial or Defence Force magistrate of a document of appointment in accordance with Form 6 purporting to be signed by an appointing officer mentioned in subregulation (4) and dated not later than the day on which the relevant testing of a speed measuring device was conducted is evidence that the person appointed by the document was, on that day, an authorised tester.

         (9)   The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 7, and a statement made or apparently made in accordance with paragraph (5) (b) or (5A) (b), in relation to a speed measuring device, both purporting to be signed by a person who was an authorised tester on the day mentioned in subregulation (8), is evidence:

                (a)    that the speed measuring device of the type, and bearing the identification number or symbols, mentioned in those documents was, on the date of those documents, tested in accordance with subregulation (5) or (5A), and when so tested met the criteria specified in paragraph (5) (a) or (5A) (a); and

               (b)    that the device was, upon completion of that test, sealed in accordance with subregulation (6).

       (10)   The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 8 purporting to be signed by a police member is evidence that, on the date and at the time and place mentioned in the certificate:

                (a)    the speed measuring device of the type, and bearing the identification number or symbols, mentioned in the certificate was operated in accordance with subregulation (7) or (7A);

               (b)    the speed of a vehicle was measured by means of a speed measuring device and that the speed was the speed set out in the certificate; and

                (c)    the vehicle whose speed was so measured was the vehicle of the make, and bearing the registration number, set out in the certificate.

25B         Offence in relation to speed measuring devices

         (1)   In this regulation, speed measuring device has the same meaning as in regulation 25A.

         (2)   A person is guilty of an offence if the person engages in conduct that damages, or tampers or interferes with, a sealed speed measuring device or the seal of a radar device.

Penalty:   $500.

26            Admissibility of evidence adduced before summary authority

         (1)   In proceedings before a summary authority in relation to a charge, evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

                (a)    the summary authority is satisfied that it would not be unfair to the person charged to admit that evidence; and

               (b)    that person consents to the evidence being admitted.

         (2)   In proceedings before a summary authority in relation to a charge, a record of the evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

                (a)    the summary authority is satisfied that it would not be unfair to the person charged to admit that record; and

               (b)    that person consents to the record being admitted.

27            Evidence of general orders

                In proceedings before a court martial or Defence Force magistrate, a document certified by a commanding officer to be a copy of a general order is evidence of that order unless the contrary is proved.

29            Modifications of provisions of the Evidence Act 1971 (ACT) in their application to proceedings before a court martial or Defence Force magistrate

                For section 146 of the Act, the provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before a court martial or Defence Force magistrate are modified as set out in Schedule 1.

30            Modification of the definition of business in subsection 7A of the Evidence Act 1995 in its application to proceedings before a service tribunal

                For the purposes of section 146 of the Act, the definition of business in subsection 7A (1) of the Evidence Act 1995 in its application to proceedings before a service tribunal is modified:

                (a)    by omitting from paragraph (a) “and” (last occurring); and

               (b)    by inserting at the end the following word and paragraph:

                        “; and (c) the control, operation and administration of the Defence Force or a part of the Defence Force;”.


 

Part IV                Miscellaneous

  

31            Calculation of daily rate of pay of convicted person

For the purposes of paragraph 3 (9) (a) of the Act, the amount that is to be taken, for the purposes of the Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which a convicted person is included, is:

                (a)    where the convicted person is a person included in the class of persons comprising defence members rendering continuous full‑time service — the amount of the daily rate of salary payable to that person under the determination applicable to the person under section 58B or 58H of the Defence Act 1903  as in force on the day on which that person was convicted; or

               (b)    where the convicted person is a person included in the class of persons comprising defence members who are not rendering continuous full‑time service — the amount that is the daily rate of pay that would be payable to that person under the determination that would, if the convicted person were rendering service other than continuous full‑time service, be applicable to the person under section 58B or 58H of the Defence Act 1903 as in force on the day on which that person was convicted.

32            Chaplains — notional rank

                For the purposes of subsection 6 (2) of the Act, in matters relating to the discipline of a member of the Defence Force who is a chaplain:

                (a)    a Chaplain 4th Class in the Army shall be deemed to hold the rank of Captain in the Army and a Chaplain in the Navy or Air Force with less than 4 years service in the Defence Force as a Chaplain shall be deemed to hold a rank equivalent to that rank;

               (b)    a Chaplain 3rd Class in the Army shall be deemed to hold the rank of Major and a Chaplain in the Navy or Air Force with not less than 4 years service but less than 14 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank;

                (c)    a Chaplain 2nd Class in the Army shall be deemed to hold the rank of Lieutenant‑Colonel and a Chaplain in the Navy or Air Force with not less than 14 years service but less than 20 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank;

               (d)    a Chaplain 1st Class in the Army shall be deemed to hold the rank of Colonel and a Chaplain in the Navy or Air Force with not less than 20 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank; and

                (e)    a Principal Chaplain in the Army shall be deemed to hold the rank of Brigadier and a Principal Naval Chaplain or a Principal Air Chaplain shall be deemed to hold a rank equivalent to that rank.

32A         Special procedures relating to certain minor disciplinary infringements — junior officers

                For subsection 6 (2) of the Act, Part IXA of the Act, to the extent to which it relates to the punishment of junior officers, is modified by inserting “(other than an officer cadet)” after “captain” and “flight lieutenant” in the definition of junior officer in section 169A of the Act.

33            Members receiving instruction or training

         (1)   For subsection 6 (2) of the Act, this regulation modifies Schedule 3 to the Act to the extent to which it relates to members receiving instruction or training.

         (2)   Schedule 3 is modified by inserting in item 1 of Table B “(other than an officer cadet)” after “squadron leader”.

         (3)   Schedule 3 is modified by inserting after item 2 of Table B:

3

Officer cadet

Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 days

Fine not exceeding the amount of the convicted person’s pay for 7 days

Severe reprimand

Restriction of privileges for a period not exceeding 14 day

Stoppage of leave for a period not exceeding 7 days

Extra duties for a period not exceeding 3 days

Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days

Reprimand

         (4)   Schedule 3 is modified by inserting in item 1 of Table C “(other than an officer cadet)” after “Officer”.

         (5)   Schedule 3 is modified by inserting after item 1 of Table C:

1A

Officer cadet

Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 day

Fine not exceeding the amount of the convicted person’s pay for 7 days

Severe reprimand

Restriction of privileges for a period not exceeding 14 days

Stoppage of leave for a period not exceeding 7 days

 

 

 

Extra duties for a period not exceeding 3 days

Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days

Reprimand

         (6)   Schedule 3 is modified by omitting from Table D “Member below non‑commissioned rank” and substituting “Officer cadet or member below non‑commissioned rank”.

33A         Form of oath or affirmation

                For the purposes of subsection 86A (2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2.

34            Service of summons etc

                A summons that is required by subsection 87 (2) or 88 (2) of the Act or a notice that is required by subsection 98 (6) or 99 (3) of the Act to be served on a natural person shall be served:

                (a)    by delivering the summons or notice to that person personally;

               (b)    in the case of a notice — by prepaying and posting the notice 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 2 or more places, at one of those places;

                (c)    by leaving the summons or notice at the last known place of residence of that person with some person apparently resident at that place and apparently not less than 16 years of age; or

               (d)    by leaving the summons or notice at the last‑known place of business of that person or, if the person is carrying on business at 2 or more places, at one of those places with some person apparently in the service of that person and apparently not less than 16 years of age.

35            Power of arrest: service policemen and others

         (1)   For the purposes of paragraph 89 (2) (d) of the Act:

                (a)    a police member who is not an officer; or

               (b)    a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer;

does not have power of arrest over an officer unless the service offence concerned is mutiny or a service offence involving disorderly or violent behaviour.

         (2)   For the purposes of paragraph 89 (2) (d) of the Act:

                (a)    a police member who is not a prescribed officer; or

               (b)    a person, who is not a prescribed officer, lawfully exercising authority under or on behalf of a service police officer;

does not have power of arrest over a defence civilian.

         (3)   In subregulation (2), prescribed officer means an officer, a service police warrant officer or a service police non‑commissioned officer.

35A         Form of oath or affirmation

                For the purposes of subsection 101AA (2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2.

36            Form of caution for purposes of subsection 101D (2) of the Act

                For the purposes of subsection 101D (2) of the Act, the prescribed form of caution is Form 1 in Schedule 2.

37            Prescribed places for purposes of section 101F of the Act

                Each of the places specified in Schedule 3 is prescribed for the purposes of section 101F of the Act.

38            Form of acknowledgment of record of interview

                For the purposes of paragraph 101K (3) (a) of the Act, a record of interview of an accused is acknowledged in the prescribed manner if, where the record of interview is:

                (a)    not more than one page — the accused signs an acknowledgment endorsed at the end of that page that the record is a full and correct record; or

               (b)    more than one page — the accused signs an acknowledgment endorsed at the end of the last of those pages that the record is a full and correct record and signs the end of each other page.

39            Form of certificate for purposes of sub‑subparagraph 101K (4) (d) (ii) (B) of the Act

                For the purposes of sub‑subparagraph 101K (4) (d) (ii) (B) of the Act, the prescribed form of certificate is Form 2 in Schedule 2.

40            Form of explanation for purposes of paragraph 101K (4) (e) of the Act

                For the purposes of paragraph 101K (4) (e) of the Act, the prescribed form of explanation is Form 3 in Schedule 2.

41            Prescribed class of persons for purposes of paragraph 101K (14) (a) of the Act

         (1)   For the purposes of paragraph 101K (14) (a) of the Act, each of the following classes of persons is prescribed, namely, officers, warrant officers and non‑commissioned officers (not below the rank of sergeant or equivalent), other than service policemen or members who hold a rank below the rank held by the investigating officer conducting the interview in respect of which that paragraph is applied.

         (2)   In subregulation (1), investigating officer has the same meaning as in Part VI of the Act.

42            Form of acknowledgment for purposes of subsection 101N (2) of the Act

                For the purposes of subsection 101N (2) of the Act, the prescribed form of acknowledgment is Form 4 in Schedule 2.

43            Form of acknowledgment for purposes of subsection 101ZA (2) of the Act

                For the purposes of subsection 101ZA (2) of the Act, the prescribed form of acknowledgment is Form 5 in Schedule 2.

44            Prescribed service offences for purposes of paragraph 104 (b) of the Act

                For the purposes of paragraph 104 (b) of the Act, each of the following service offences is prescribed:

                (a)    a service offence for which a person is liable for more than 2 years imprisonment, other than:

                          (i)    an offence to which subsection 43 (1) or section 47C, 47P, 48 or 52 of the Act applies; or

                         (ii)    an offence against section 61 of the Act for which the relevant Territory offence is an offence against section 60 of the Financial Management and Accountability Act 1997;

               (b)    an offence to which section 18, 36, 39 or 58 applies.

45            Prescribed class of officers for the purposes of paragraph 108 (4) (a) of the Act

                For the purposes of paragraph 108 (4) (a) of the Act, the following class of officers is prescribed, namely, officer cadets.

45A         Remuneration for Deputy Judge Advocates General (Act s 185)

                For the purposes of subsection 185 (1) of the Act, the remuneration to be paid to a Deputy Judge Advocate General for work done as a Deputy Judge Advocate General on a day is:

                (a)    if the work takes less than 6 hours on the day — $375 for each hour, or part of an hour, worked on the day; and

               (b)    if the work takes 6 hours or more on the day — $2,250 for the work done on the day.

Note 1   This regulation does not apply to a Deputy Judge Advocate General who is a Justice or Judge of a federal court, or a Supreme Court of a State or Territory, and who is receiving salary or annual allowances as such a Justice or Judge — see subs 185 (4) of the Act.

Note 2   If a Deputy Judge Advocate General is a defence member, and the remuneration to which he or she would be entitled under this regulation exceeds the pay to which he or she is entitled as a defence member, he or she is entitled to receive in respect of his or her office as a Deputy Judge Advocate General, only an amount equal to the excess — see subs 185 (5) of the Act.

46            Fees

                For the purposes of subsections 195 (1) and (2) of the Act, the prescribed fee for the supply of a copy of the record of the proceedings of a trial is:

                (a)    where the number of pages copied does not exceed 50 — $12; or

               (b)    where the number of pages copied exceeds 50 — $12 plus 10 cents for each page copied in excess of 50.

47            Record of previous convictions

         (1)   The service chief of each arm of the Defence Force shall, in respect of each member of the Defence Force in that arm, for the purposes of facilitating compliance with subsection 70 (2) of the Act, cause to be kept a record of the convictions of the member for service offences, civil court offences and overseas offences.

         (2)   The service chief of an arm of the Defence Force shall, at the request of a member of the Defence Force serving in that arm, cause to be made available to the member a copy of any record kept under this regulation in respect of that member.

Part V                 Transitional

  

48            Transitional

         (1)   This regulation applies in relation to amendments made by Schedule 6 to the Defence Legislation Amendment Act 2008.

         (2)   In this regulation:

amendments made by Schedule 6 to the Act means the amendments and repeals made by the provisions of Schedule 6 to the Defence Legislation Amendment Act 2008.

commencement day means the day on which Schedule 6 to the Defence Legislation Amendment Act 2008 commences.

disciplinary infringement has the same meaning as it has in section 169A of the Act.

old DFD Act means the Defence Force Discipline Act 1982 as in force immediately before the commencement day.

         (3)   The amendments made by Schedule 6 to the Act apply in relation to a disciplinary infringement committed by a person subject to Part IXA of the old DFD Act before the commencement day if, before the commencement day:

                (a)    the person had not been charged with the offence under the old DFD Act; or

               (b)    the person had been given an infringement notice in relation to the disciplinary infringement under the old DFD Act, but no action to deal with the infringement notice had been taken under the old DFD Act.

Note   Subitem 3 (1) of Schedule 8 to the Defence Legislation Amendment Act 2008 provides for the application of provisions of Schedule 6 in relation to acts and omissions that take place on or after the commencement day.

 


Schedule 1        Modifications of provisions of Evidence Act 1971 (ACT) in their application to proceedings before court martial or Defence Force magistrate

(regulation 29)

  

Sections 2, 3, 4 and 5 —

Omit the sections.

Section 6 —

Omit the definition of document, substitute the following definition:

            document includes:

                (a)    any paper or other material on which there is writing;

                (b)    any paper or other material on which there are marks,            figures, symbols or perforations having a meaning for             persons qualified to interpret them; and

                (c)    any article or material from which sounds, images or             writings are capable of being reproduced with or without        the aid of any other article or device.

Section 7 —

Omit the section.

Section 26 —

Omit the section.

Section 27 —

Omit the section.

Sections 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 51 —

Omit the sections.

Section 54 —

Omit the section.

Section 55 —

Omit the section.

Section 67 —

Omit the section, substitute the following section:

67            Admission by accused person

                “In proceedings before a service tribunal, if the person charged with an offence makes an admission of a fact or other matter the service tribunal may accept the admission as sufficient evidence of that fact or other matter without further proof unless the tribunal is satisfied that it would be unfair to the person to accept the admission.”.

Section 68 —

Omit the section.

Sections 72 and 73 —

Omit the sections.

Section 74 —

Omit the section, substitute the following section:

74            Failure to give evidence

                “(1) In proceedings before a court martial, the failure of the         person charged or his or her spouse to give evidence shall not be made he subject of comment by the prosecution.

                “(2) Where in proceedings before a court martial —

                 (a)   2 or more persons are being tried together; and

                 (b)   comment is made by or on behalf of any of those persons on the failure of any of those persons or of the spouse of any of those persons to give evidence,

                 the judge advocate may make such observations to the court martial in regard to the comment or failure to give evidence as the judge advocate thinks fit.”.

Section 75 —

Omit the section, substitute the following section:

75            Certificates of scientific examinations

                “In proceedings before a service tribunal, other than proceedings by way of trying a charge, a certificate in writing signed by a qualified person who has examined an article or body setting out —

                (a)    the person’s qualifications;

               (b)    the place and time of the examination;

                (c)    if a particular method was used to effect the examination, a brief description of that method; and

               (d)    the facts that the person ascertained in the course of the examination and the conclusions that the person reached,

is admissible in evidence of the matters set out in the certificate.”.

Sections 77, 78, 79, 80, 81, 82, 83, 84 and 85 —

Omit the sections.

Section 90 —

Omit the section.

Section 91 —

Omit the section.

Section 92 —

Add at the end of the section the following subsection:

       “(2)   In any proceedings a map, chart or plan purporting to be published by or on behalf of the Commonwealth or of a State or Territory or of the government of another country is evidence of the matters set out on the map, chart or plan unless the contrary is proved.”.

Subsection 94 (1) —

Omit “a Commonwealth country”, substitute “another country”.

Schedule 2        Forms

Form 1A       

(regulations 33A and 35A)

Form of oath

I swear by Almighty God that the information I am about to give shall be the truth, the whole truth and nothing but the truth.

Form of affirmation

I do solemnly, sincerely and truly declare and affirm that the information I am about to give shall be the truth, the whole truth and nothing but the truth.

Form 1        Caution to person charged or summoned

(regulation 36)

Commonwealth of Australia

Defence Force Discipline Act 1982

Pursuant to section 101D of the Defence Force Discipline Act 1982, you are cautioned that:

                (a)    you are not obliged to, but you may if you wish, answer any questions, or do anything, asked of you by an investigating officer, and anything said or done by you may be used in evidence;

               (b)    you may communicate with a legal practitioner and have, as provided by Part VI of that Act, the assistance of a legal practitioner while you are being questioned; and

                (c)    you may, as provided in Part VI of that Act, communicate with a relative or friend.

Form 2        Certificate of appropriate witness

(regulation 39)

Commonwealth of Australia

Defence Force Discipline Act 1982

I,.................................................. of........................................................

     (Name of appropriate witness)    (Residential address of appropriate

                                                                                witness)

in the............................................ , being .............................................. ,

          (State or Territory)         (qualification of appropriate witness under

.............................................................................................. , certify that subsection 101K (14) of the Defence Force Discipline Act 1982)

paragraphs 101K (4) (b) and (c) of the Defence Force Discipline Act 1982 were complied with in my presence and that the record of what was said by and to.............................................

                                                    (Name of accused)

as a result of compliance with paragraph 101K (4) (c) is a full and correct record.

            Dated                         19

                                                              ............................................................

(Signature of appropriate witness)

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.

Form 4        Acknowledgment of suspect in relation to the holding of an identification parade

(regulation 42)

Commonwealth of Australia

Defence Force Discipline Act 1982

I,......................................................... of........................................................

                 (Name of suspect)                              (Residential address of                                  suspect)

in the................................................. , acknowledge that I was informed, on

                   (State or Territory)

.............................................................. at.............................................. that:
                          (Date)                                               (Time)

      (a)   I am entitled to refuse to agree to the holding of an identification parade for the purpose of ascertaining whether a witness to a relevant act in relation to a service offence can identify me as a relevant person in relation to that act;

       (b)   if I do not agree to the holding of the parade and to take part in the parade, evidence may be given, in any proceedings with respect to the service offence, of any identification of me by a witness as a result of:

                  (i)    having seen a photograph or series of photographs; or

                 (ii)    having seen me otherwise than during an identification parade;

       (c)   if I do take part in the identification parade, evidence may begiven, in any proceedings with respect to the service offence:

                  (i)    of any identification made by the witness;

                 (ii)    of any doubts expressed by the witness, during or immediately following the holding of the parade; and

                (iii)    of any unfairness in the conducting of the parade; and

       (d)   I may have present, during the holding of the parade, a legal practitioner or other person of my choice if arrangements can be made for the legal practitioner or other person to be present within a reasonable time.

Dated                        19                   

                                                                  .....................................................

                                                                       (Signature of suspect giving
                                                                            this acknowledgment)

Form 5        Acknowledgement of consent to search

(regulation 43)

Commonwealth of Australia

Defence Force Discipline Act 1982

I, (full name) acknowledge that:

(a)     I have been informed that I may refuse to give my consent, in relation to the investigation of a service offence:

          *(i)    to be searched;

          *(ii)   to the search of the clothing worn by me;

          *(iii)  to the search of property under my immediate control;

          *(iv)  as the occupier, to the entry and search of the *land/ *premises known as (address or location of land/premises);

          *(v)   as the person in charge, to the entry and search of the

                   *ship/ *aircraft/ *vehicle, being (name, registration number or other means of identification of the ship, aircraft or vehicle; if appropriate, describe the part to be searched) and now located at (present location of ship, aircraft or vehicle); and

(b)     I have, on (date) at (place and time) voluntarily given my consent, in relation to the investigation of a service offence:

          *(i)    to be searched;

          *(ii)   to the search of the clothing worn by me;

          *(iii)  to the search of the property under my immediate control;

          *(iv)  to the entry and search of the *land/ *premises described in subparagraph (a) (iv);

          *(v)   to the entry and search of the *ship/ *aircraft/ *vehicle described in subparagraph (a) (v).

Dated                             19     .

                                        ..............................................................................

                                            (Signature of person giving this
                                               acknowledgement
)

*Omit if inapplicable

Form 6        Appointment of authorised tester

(subregulations 25A (4) and (8))

Commonwealth of Australia

Defence Force Discipline Act 1982

 

                                               (full name)

I,.......................................................................................................... , a

                                                    (rank)

.......................................................................................................  in the

                                                   (force)

.......................................................................................................     ,

acting under regulation 25A of the Defence Force Discipline Regulations, hereby appoint

                                                    (full name)

........................................................................................................................

an electrical engineer* /electronic technician*, as an authorised tester for the purposes of that regulation.

 

(Signature)

 

........................................................

 

(Rank)

 

........................................................

 

(Date)

 

........................................................

*Strike out whichever is inapplicable.

Form 7        Certificate of testing of speed measuring device (valid for 12 months)

(subregulation 25A (9))

Commonwealth of Australia

Defence Force Discipline Act 1982

(full name)

I,...................................................................................................................

certify that:

        (a)    I have been appointed as an authorised tester for the purposes of regulation 25A of the Defence Force Discipline Regulations, and to the best of my knowledge and belief that appointment has not been revoked;

       (b)    I have this day tested a speed measuring device of the following type:

(type of device)

                ................................................................................... and bearing

                the following identification number or symbols:

                (identification number or symbols)

                ..................................................................................................... ;

        (c)    I tested the speed measuring device in accordance with subregulation 25A (5) or (5A), and ascertained that the device met the criteria specified in paragraph 25A (5) (a) or (5A) (a) of those regulations; and

       (d)    upon completion of the test, I sealed the speed measuring device in accordance with subregulation 25A (6) of those Regulations.

 

(Signature)

 

........................................................

 

Authorised tester

 

(Date)

 

........................................................

Form 8        Certificate of having operated a speed measuring device

(subregulation 25A (10))

Commonwealth of Australia

Defence Force Discipline Act 1982

(full name)

I,................................................................................................................. ,

certify that:

        (a)    I am a police member for the purposes of the above Act;

                                                                  (time of day)

       (b)    I have this day at........................................................................ at

                (place of operation)

                ........................................................................................................

                operated a speed measuring device within the meaning of regulation 25A of the Defence Force Discipline Regulations, bearing identification number or symbols..................

                     (identification number or symbols)

............................................................................... , in accordance with subregulation 25A (7) or (7A).

        (c)    while I so operated the speed measuring device I measured the speed of a motor vehicle of the make

(make of vehicle)

                ........................................................................................................

                                                               (registration number)

                and bearing registration number.....................................................

                and that the speed at which that vehicle was then moving, as displayed on the digital speed

         (speed)

                display of the device, was..............................................................

                kilometres per hour; and

       (d)    as soon as was practicable I recorded that speed and that make and registration number, and the speed, make and registration number stated in this certificate conform with the speed, make and registration number that I so recorded.

(Signature)

..........................................

Police member

(Date)

..........................................

Schedule 3        Prescribed places for purposes of section 101F of the Act

(regulation 37)

  


New South Wales

Albury

Balmoral

Concord

Garden Island

Georges Heights

Glenbrook

Holsworthy

Ingleburn

Kingswood

Lismore

Liverpool

Manly

Moorebank

Neutral Bay

Newcastle

Nowra

Paddington

Parkes

Parramatta

Penrith

Pymble

Quaker’s Hill

Randwick

Regents Park

Richmond

Singleton

Wagga Wagga

Watson’s Bay

Waverton

Williamtown

Victoria

Crib Point

Laverton

Melbourne City

Point Cook

Port Melbourne

Puckapunyal

Queenscliff

Sale

Sorrento

South Melbourne

Tottenham

Williamstown

Wodonga

Queensland

Amberley

Brisbane City

Cairns

Canungra

Enoggera

Oakey

Rockhampton

Toowoomba

Townsville

South Australia

Adelaide City

Edinburgh

Port Adelaide

Woodside

Western Australia

Exmouth

Fremantle

Garden Island

Karrakatta

Northam

Pearce

Perth City

Swanbourne

Tasmania

Hobart

Launceston

Northern Territory

Darwin

Australian Capital Territory

Canberra

Jervis Bay


Notes to the Defence Force Discipline Regulations 1985

Note 1

The Defence Force Discipline Regulations 1985 (in force under the Defence Force Discipline Act 1982) as shown in this compilation comprise Statutory Rules 1985 No. 125 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1985 No. 125

20 June 1985

3 July 1985

 

1985 No. 332

12 Dec 1985

12 Dec 1985

1986 No. 46

4 Apr 1986

4 Apr 1986

1989 No. 97

26 May 1989

26 May 1989

1989 No. 218

23 Aug 1989

23 Aug 1989

1990 No. 208

4 July 1990

4 July 1990

1992 No. 314

7 Oct 1992

7 Oct 1992

1997 No. 41

12 Mar 1997

12 Mar 1997

1999 No. 357

22 Dec 1999

22 Dec 1999

2001 No. 278

5 Oct 2001

15 Dec 2001

R. 2 (rs. by Act No. 135, 2003, Sch. 3 (item 1))

2002 No. 7

21 Feb 2002

21 Feb 2002

2005 No. 46

29 Mar 2005 (see F2005L00766)

30 Mar 2005

2008 No. 185

19 Sept 2008 (see F2008L03463)

20 Sept 2008 (see r. 2)

2009 No. 323

27 Nov 2009 (see F2009L04315)

28 Nov 2009

2009 No. 361

15 Dec 2009 (see F2009L04492)

16 Dec 2009

2011 No. 150

19 Aug 2011 (see F2011L01696)

20 Aug 2011

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

 

Provision affected

How affected

Part I

 

R. 1.........................................

rs. 1999 No. 357

R. 3A ......................................

ad.2001 No. 278

Part II

 

Division 2

 

R. 5.........................................

am. 1997 No. 41

R. 13.......................................

rs. 1986 No. 46

R. 17.......................................

am. 1986 No. 46

Division 3

 

R. 23.......................................

am. 1997 No. 41

Part III

 

Heading to r. 25A.................

rs. 2005 No. 46

R. 25A....................................

ad. 1989 No. 97

 

am. 1990 No. 208; 2005 No. 46; 2008 No. 185; 2009
No. 361; 2011 No. 150

Heading to r. 25B.................

rs. 2005 No. 46

R. 25B....................................

ad. 1989 No. 97

 

am. 2001 No. 278; 2002 No. 7; 2005 No. 46

R. 26.......................................

rs. 2008 No. 185

R. 27.......................................

am. 2008 No. 185; 2009 No. 361

R. 28.......................................

rep. 2008 No. 185

Heading to r. 29...................

rs. 2009 N0. 361

R. 29.......................................

rs. 2008 No. 185

 

am. 2009 No. 361

R. 30.......................................

am. 2008 No. 185

Part IV

 

R. 31.......................................

am. 1989 No. 218

R. 32A....................................

ad. 2008 No. 185

R. 33.......................................

rs. 2008 No. 185

R. 33A....................................

ad. 1985 No. 332

R. 35.......................................

am. 2005 No. 46

R. 35A....................................

ad. 1985 No. 332

R. 44.......................................

am. 2002 No. 7; 2009 No. 323

R. 45A....................................

ad. 1999 No. 357

R. 47.......................................

am. 1997 No. 41

Part V

 

Part V.....................................

ad. 2008 No. 185

R. 48.......................................

ad. 2008 No. 185

Schedule 1

 

Heading to Schedule 1.......

rs. 2008 No. 185; 2009 No. 361

Schedule 2

 

Form 1A

 

Form 1A..............................

ad. 1985 No. 332

Form 5

 

Form 5................................

rs. 1992 No. 314

Form 6

 

Form 6................................

ad. 1989 No. 97

Form 7

 

Heading to Form 7...........

rs. 2005 No. 46

Form 7................................

ad. 1989 No. 97

 

am. 2005 No. 46; 2011 No. 150

Form 8

 

Heading to Form 8...........

rs. 2005 No. 46

Form 8................................

ad. 1989 No. 97

 

am. 2005 No. 46