DEFENCE FORCE DISCIPLINE ACT 1982
Table of Provisions
PART I--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Character of service offences
- 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 IA--DISCIPLINARY--INFRINGEMENTS
DIVISION 1--Introduction
- 9A Simplified outline of this Part
- 9B Object of this Part
DIVISION 2--Key provisions
- 9C Election to be dealt with under the infringement scheme
- 9CA Prescribed defence member
DIVISION 3--Disciplinary infringement provisions
- 9D When a disciplinary infringement is committed
- 9DA Disciplinary infringement provision--absent from duty
- 9DB Disciplinary infringement provision--absent without leave not exceeding 3 hours
- 9DC Disciplinary infringement provision--disobeying a lawful command
- 9DD Disciplinary infringement provision--failing to comply with a general order
- 9DE Disciplinary infringement provision--member on guard or on watch
- 9DF Disciplinary infringement provision--failure to perform duty or carry out activity
- 9DG Disciplinary infringement provision--prejudicial conduct
- 9DH Disciplinary infringement provision--absent without leave not exceeding 24 hours
- 9DI Disciplinary infringement provision--insubordinate conduct
- 9DJ Disciplinary infringement provision--creating a disturbance etc.
- 9DK Disciplinary infringement provision--insulting or provocative words
- 9DL Disciplinary infringement provision--unauthorised discharge of weapon
- 9DM Disciplinary infringement provision--negligent discharge of weapon
- 9DN Disciplinary infringement provision--intoxicated while on duty etc.
- 9DO Disciplinary infringement provision--driving a service vehicle for unauthorised purpose
- 9DP Disciplinary infringement provision--driving without due care or attention etc.
DIVISION 4--Election to be dealt with under the infringement scheme
- 9E Infringement officer may give infringement notice
- 9EA Election may be withdrawn
- 9EB Member is taken to have admitted the infringement only for the purpose of being dealt with under the infringement scheme
- 9EC Consequence of no election or withdrawing election
DIVISION 5--Dealing with disciplinary infringements
- 9F Jurisdiction to deal with a disciplinary infringement
- 9FA Procedure in dealing with disciplinary infringements
- 9FB Decisions that may be made by discipline officers or senior discipline officers in dealing with disciplinary infringements
- 9FC Commencement of punishments
DIVISION 6--Command review of decisions of senior discipline officers
- 9G Command review of decisions of senior discipline officers
DIVISION 7--Discipline officers, senior discipline officers and infringement officers
- 9H Appointment of discipline officers and senior discipline officers
- 9HA Appointment of infringement officers
DIVISION 8--Miscellaneous
- 9J Consequences of punishments
- 9JA Monthly report by discipline officers and senior discipline officers
- 9JB Records relating to disciplinary infringements
PART II--CRIMINAL--LIABILITY
- 10 Application of the
- 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
- 15 Abandoning or surrendering a post etc.
- 15A Causing the capture or destruction of a service ship, aircraft or vehicle
- 15B Aiding the enemy while captured
- 15C Providing the enemy with material assistance
- 15D Harbouring enemies
- 15E Offences relating to signals and messages
- 15F Failing to carry out orders
- 15G Imperilling the success of operations
- 16 Communicating with the enemy
- 16A Failing to report information received from the enemy
- 16B Offence committed with intent to assist the enemy
- 17 Leaving a post, abandoning equipment or otherwise failing to perform duty
- 18 Endangering morale
- 19 Conduct after capture by the enemy
DIVISION 2--Mutiny, desertion and unauthorised absence
- 20 Mutiny
- 21 Failing to suppress mutiny
- 22 Desertion
- 23 Absence from duty
- 24 Absence without leave
DIVISION 3--Insubordination and violence
- 25 Assaulting a superior officer
- 26 Insubordinate conduct
- 27 Disobeying a lawful command
- 28 Failing to comply with a direction in relation to a ship, aircraft or vehicle
- 29 Failing to comply with a general order
- 30 Assaulting a guard
- 31 Obstructing a police member
- 32 Person on guard or on watch
- 33 Assault, insulting or provocative words etc.
- 33A Assault occasioning actual bodily harm
- 34 Assaulting a subordinate
DIVISION 4--Offences relating to performance of duty
- 35 Negligence in performance of a duty
- 35A Failure to perform duty or carry out activity
- 36 Dangerous conduct
- 36A Unauthorised discharge of weapon
- 36B Negligent discharge of weapon
- 37 Intoxicated while on duty etc.
- 38 Malingering
DIVISION 5--Offences relating to ships, vehicles, aircraft and weapons
- 39 Loss of, or hazard to, service ship
- 40 Driving while intoxicated
- 40A Dangerous driving
- 40C Driving a service vehicle for unauthorised purpose
- 40D Driving without due care or attention etc.
- 41 Low flying
- 42 Inaccurate certification in relation to ships, aircraft, vehicles etc.
DIVISION 5A--Property offences
- 43 Destroying or damaging service property
- 44 Losing service property
- 45 Unlawful possession of service property
- 46 Possession of property suspected of having been unlawfully obtained
- 47 When property belongs to a person
- 47A Dishonesty
- 47B Determination of dishonesty to be a matter for the trier of fact
- 47C Theft
- 47D Special rules about the meaning of dishonesty
- 47E Appropriation of property
- 47F Theft of land or things forming part of land
- 47G Trust property
- 47H Obligation to deal with property in a particular way
- 47J Property obtained because of fundamental mistake
- 47K Property of a corporation sole
- 47L Property belonging to 2 or more persons
- 47M Intention of permanently depriving a person of property
- 47N General deficiency
- 47P Receiving
- 47Q Unauthorised use of Commonwealth credit card
- 48 Looting
DIVISION 5B--Cyber-bullying offences
- 48A Cyber-bullying
- 48B Failure to comply with removal order
DIVISION 6--Arrest, custody and proceedings before service tribunals
- 49 Refusing to submit to arrest
- 49A Assault against arresting person
- 50 Delaying or denying justice
- 51 Escaping from custody
- 52 Giving false evidence
- 53 Contempt of service tribunal
- 54 Unlawful release etc. of person in custody
DIVISION 6A--Custodial offences
- 54A Custodial offences
DIVISION 7--Miscellaneous offences
- 55 Falsifying service documents
- 56 False statement in relation to application for a benefit
- 56A Failure to comply with requirement to notify change in circumstances
- 57 False statement in relation to appointment or enlistment
- 58 Unauthorised disclosure of information
- 59 Dealing in or possession of prohibited drugs
- 60 Prejudicial conduct
DIVISION 8--Offences based on Territory offences
- 61 Offences based on Territory offences
DIVISION 9--Miscellaneous
- 62 Commanding or ordering a service offence to be committed
- 63 Consent for proceedings for certain offences
- 64 Punishment for ancillary offences
PART IV--PUNISHMENTS--AND ORDERS
- 66 Punishment or order to be in respect of a particular conviction
- 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
- 69A Punishments that may be imposed by a court martial or a Defence Force magistrate
- 69B Punishments that may be imposed by a superior summary authority
- 69C Punishments that may be imposed by a commanding officer
- 70 Sentencing principles
- 71 Restrictions on power to impose punishments
- 72 Application of certain provisions of
- 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
- 84A Removal order--cyber-bullyingoffence
- 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
- 101A Interpretation
- 101B Investigating officer may question persons
- 101C Questioning and cautioning of person in custody
- 101D Cautioning once decision to charge or summon has been made
- 101E Access to friend, relative and legal practitioner
- 101F Lists of legal officers
- 101G Exceptions to requirements of section 101E
- 101H Treatment of persons in custody
DIVISION 3--Confessions
- 101J Admissibility of confessional evidence
- 101JA Tape recording of confessions and admissions
- 101K Admissibility of oral confessions
DIVISION 4--Other investigative action
- 101L Fingerprints, photographs etc.
- 101M Identification by means of photographs
- 101N Identification parades
- 101P Searches of arrested persons
- 101Q Medical examinations
- 101QA Offence of refusing to submit to medical examination etc.
- 101R Application of Division
DIVISION 5--Rights of persons charged with service offences
- 101S Persons to be cautioned
- 101T Questioning of persons charged with service offences
- 101U Persons charged with same service offence
DIVISION 6--Search and seizure
- 101V Interpretation
- 101W Search and seizure
- 101X Search warrants
- 101Y Search warrants may be granted by telephone
- 101Z Searches in emergencies
- 101ZA Consent to search
DIVISION 6A--Investigation under the Regulatory Powers Act
- 101ZAA Simplified outline of this Division
- 101ZAB Basic investigation powers under Part 3 of the Regulatory Powers Act
- 101ZAC Modifications of Part 3 of the Regulatory Powers Act
- 101ZAD Appointment of persons under this Division
- 101ZAE No limit on other powers
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
- 104 Interpretation
- 105 Appointment of superior summary authorities
- 105A Referral of charge to Director of Military Prosecutions before dealing with charge under section 109 or 110
- 106 Jurisdiction of superior summary authority
- 107 Jurisdiction of commanding officer
- 108A Disqualification of summary authority from trying a charge
- 109 Dealing with a charge by superior summary authority
- 110 Dealing with a charge by commanding officer
- 111A Proceedings by way of dealing with a charge
- 111B Accused person may elect to be tried by a court martial or Defence Force magistrate--election before commencement of trial
- 111C Decision by accused person whether to elect to be tried by a court martial or Defence Force magistrate--decision before commencement of trial
- 112 Discontinuance
- 113 Powers of officer in command of detachment
DIVISION 3--Courts martial
- 114 Types of court martial
- 115 Jurisdiction of court martial
- 116 Eligibility to be member of court martial
- 117 Eligibility to be judge advocate
- 118 Remuneration of judge advocate of court martial
- 119 Convening order
- 120 Convening order to be notified to accused person
- 121 Objection on ground of ineligibility etc.
- 122 Notification of belief of bias
- 123 Substitution of members etc.
- 124 Replacement of members etc.
- 125 Dissolution of court martial
- 126 Inability to attend after plea
DIVISION 4--Defence Force magistrates
- 127 Appointment of Defence Force magistrates
- 127A Remuneration of Defence Force magistrate
- 128 Oath or affirmation of Defence Force magistrate
- 129 Jurisdiction and powers of Defence Force magistrate
- 129A Discontinuance of proceedings before Defence Force magistrate etc.
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
- 129D Time within which trial must be commenced
- 130 Trial by summary authority
- 131 Accused person may elect to be tried by a court martial or Defence Force magistrate--election during trial
- 131AA Decision by accused person whether to elect to be tried by a court martial or Defence Force magistrate--decision during trial
- 131A Reference of charge to Director of Military Prosecutions
DIVISION 2--Trial by court martial or Defence Force magistrate
- 132 Trial by court martial
- 133 Determination of questions by court martial
- 134 Powers of judge advocate
- 135 Trial by Defence Force magistrate
- 136 Representatives of parties before court martial or Defence Force magistrate
- 137 Representation of accused person
DIVISION 3--General
- 138 Procedural powers
- 139 Accused person to be present at hearing
- 140 Public hearings
- 141 Applications and objections
- 141A Amendment of charges
- 142 Alternative offences
- 143 Condonation no bar to proceedings
- 144 Previous acquittal or conviction
- 145 Unsoundness of mind
- 145A Notice of alibi
- 146 Rules of evidence
- 146A Evidence etc. in proceedings before a summary authority
- 147 Judicial notice of service matters
- 148 Record of proceedings to be kept
- 148A Testimony by video link or audio link
- 148B Appearance of persons or submissions made by video link or audio link
- 148C Conditions for use of video links and audio links
- 148D Putting documents to a person by video link or audio link
- 148E Administration of oaths and affirmations
- 148EA Powers conferred on President
- 148F New Zealand proceedings
- 149 The Summary Authority Rules
- 149A The Court Martial and Defence Force Magistrate Rules
PART VIIIA--REVIEW--OF PROCEEDINGS OF SERVICE TRIBUNAL
DIVISION 1--Appointment of reviewing authorities
- 150 Appointment of reviewing authorities
- 150A Meaning of
DIVISION 2--Review by reviewing authority
- 152 Automatic review by reviewing authority
- 153 Review on petition to reviewing authority
- 154 Report to be obtained before commencement of review
- 155 Further review
- 156 Effect on reviews of appeals to Defence Force Discipline Appeal Tribunal
DIVISION 3--Action on review of proceedings that have resulted in a conviction
- 157 Interpretation
- 158 Quashing of conviction etc.
- 159 Person deemed to have been acquitted
- 160 New trial
- 161 Substitution of conviction of alternative offence
- 162 Review of action under Part IV
DIVISION 4--Action on review of proceedings that have resulted in an acquittal on the ground of unsoundness of mind
- 163 Interpretation
- 164 Quashing of prescribed acquittal etc.
- 165 Person deemed to have been acquitted
- 166 New trial
DIVISION 5--Action on review of certain punishments and orders that are subject to approval by reviewing authority
- 167 Interpretation
- 168 Approved punishment or order to take effect as determined
- 169 Punishments or orders not approved to be quashed or revoked
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
- 179 Judge Advocate General and Deputy Judge Advocates General
- 180 Qualifications for appointment
- 181 Appointment of Judge Advocate General or Deputy Judge Advocate General not to affect tenure etc.
- 182 Arrangement for appointment of the holder of a judicial office of a State or of the Northern Territory
- 183 Terms and conditions of appointment etc.
- 184 Oath or affirmation of Judge Advocate General and Deputy Judge Advocate General
- 185 Remuneration etc.
- 186 Termination of appointment
- 187 Resignation
- 188 Acting Judge Advocate General or Deputy Judge Advocate General
DIVISION 2--Chief Judge Advocate
- 188A Chief Judge Advocate
- 188AA Terms and conditions of appointment
- 188B Role of the Chief Judge Advocate
- 188C Eligibility requirements
- 188CA Oath or affirmation
- 188D Resignation
- 188E Remuneration
- 188EA Termination of appointment
- 188EB Acting appointments
DIVISION 2A--Deputy Chief Judge Advocate
- 188EC Deputy Chief Judge Advocate
- 188ED Terms and conditions of appointment
- 188EE Role of Deputy Chief Judge Advocate
- 188EF Eligibility requirements
- 188EG Oath or affirmation
- 188EH Resignation
- 188EI Remuneration
- 188EJ Termination of appointment
DIVISION 3--The Registrar of Military Justice
- 188F Registrar of Military Justice
- 188FA Functions of the Registrar
- 188FB Appointment of the Registrar
- 188FC Qualifications for appointment
- 188FD Tenure
- 188FE Resignation
- 188FF Oath or affirmation
- 188FG Remuneration
- 188FH Leave of absence
- 188FI Outside employment
- 188FJ Termination of appointment
- 188FK Standing obligation to disclose interests
- 188FL Acting appointments
- 188FM Delegation
PART XIA--DIRECTOR--OF MILITARY PROSECUTIONS
DIVISION 1--Establishment and functions of the Director of Military Prosecutions
- 188G Director of Military Prosecutions
- 188GA Functions of the Director of Military Prosecutions
- 188GB Appearances by and on behalf of Director of Military Prosecutions
- 188GC Right of Director of Military Prosecutions and staff to practise in their official capacity
- 188GD Undertakings by the Director of Military Prosecutions
- 188GE Directions and guidelines by the Director of Military Prosecutions
DIVISION 2--Administrative provisions about the Director of Military Prosecutions
- 188GF Appointment of the Director of Military Prosecutions
- 188GG Qualifications for appointment
- 188GH Tenure
- 188GI Resignation
- 188GJ Oath or affirmation
- 188GK Remuneration
- 188GL Leave of absence
- 188GM Outside employment
- 188GN Termination of appointment
- 188GO Standing obligation to disclose interests
- 188GP Acting appointments
- 188GQ Staff
DIVISION 3--Other matters
- 188GR Delegation
PART XII--MISCELLANEOUS
- 189 Royal prerogative of mercy
- 190 Jurisdiction of civil courts in relation to offences
- 190A Disclosing certain convictions of service offences by a court martial or a Defence Force magistrate
- 190B Disclosing certain convictions by a summary authority, a court martial or a Defence Force magistrate
- 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
- 196AA Termination of appointment to judge advocates' panel
- 196AB Resignation
- 196A Annual report relating to Defence Force discipline law
- 196B Annual report relating to the operations of the Director of Military Prosecutions
- 197 Regulations