DEFENCE FORCE DISCIPLINE ACT 1982

Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982

TABLE OF PROVISIONS

PART I--PRELIMINARY

1. Short title [see Note 1]
2. Commencement [see Note 1]
3. Interpretation
4. Declaration of active service for disciplinary purposes
5. Commanding officers for disciplinary purposes
5A. Appointment of superior authority
6. Further provision with respect to certain members of the Defence Force
7. Prisoners of war
8. Extension to external Territories
9. Extra-territorial operation of Act

PART II--CRIMINAL LIABILITY

10. Application of the Criminal Code
11. Recklessness and negligence in relation to a member of the Defence Force
14. Act or omission in execution of law etc.

PART III--OFFENCES

Division 1--Offences relating to operations against the enemy

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.
34. Assaulting a subordinate

Division 4--Offences relating to performance of duty

35. Negligence in performance of a duty
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

Subdivision A--Service property offences

43. Destroying or damaging service property
44. Losing service property
45. Unlawful possession of service property

Subdivision B--Possession of property suspected of having been unlawfully obtained

46. Possession of property suspected of having been unlawfully obtained

Subdivision C--Fraudulent conduct

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

Subdivision D--Looting

48. Looting

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
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
65. Maximum punishment for old system offence

PART IV--PUNISHMENTS AND ORDERS

66. Punishment or order to be in respect of a particular conviction
67. Authorised punishments
68. Scale of punishments
68A. Scale of custodial punishments
68C. Custodial punishments may be imposed for certain non-custodial service offences
69. Punishment not to be more severe than maximum punishment
70. Sentencing principles
71. Restrictions on power to impose punishments
72. Application of certain provisions of Crimes Act 1914
73. Imposition of fines
74. Concurrent or cumulative punishments
75. Conviction without punishment
76. Breach of undertaking to be of good behaviour
77. Taking other offences into consideration
78. Suspension of detention
79. Suspension of fines
80. Revocation of suspension of punishment
81. Remission of suspended punishment
82. Remission of punishment of detention on imprisonment
83. Restitution orders
84. Reparation orders
85. Payment of fines

PART V--SUMMONS, ARREST, CUSTODY AND SUSPENSION FROM DUTY

86. Interpretation
86A. Oaths, affirmations and affidavits
87. Summons and order in the nature of summons
88. Arrest, summons etc. where accused person not present at hearing before service tribunal
89. Arrest without warrant
90. Arrest under warrant
91. Power to enter to make arrest
92. Use of force in making arrest
93. Persons to be informed of grounds of arrest
94. Civil detention of arrested person
95. Avoidance of delay after arrest
95A. Search of persons in custody in custodial facilities
96. Time limitation on charges
97. Release from custody
98. Suspension from duty on suspicion of offence etc.
99. Suspension from duty after conviction
100. Effect of custody or suspension from duty

PART VI--INVESTIGATION OF SERVICE OFFENCES

Division 1--Preliminary

101. Interpretation
101AA. Oaths, affirmations and affidavits

Division 2--Duties of investigating officers when interviewing suspects

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--Referral of serious service offences

101ZAA. Provost Marshal may refer serious service offence to Director of Military Prosecutions

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
103A. Director of Military Prosecutions may decide that class 3 offence is to be tried by Military Judge alone

Division 2--Summary authorities

104. Interpretation
105. Appointment of certain summary authorities
105A. Referral of charge to Director of Military Prosecutions before dealing with charge under section 109, 110 or 111
106. Jurisdiction of superior summary authority
107. Jurisdiction of commanding officer
108. Jurisdiction of subordinate summary authority
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
111. Dealing with charge by subordinate summary authority
111A. Proceedings by way of dealing with a charge
111B. Accused person may elect to be tried by the Australian Military Court--election before commencement of trial
111C. Decision by accused person whether to elect to be tried by the Australian Military Court--decision before commencement of trial
112. Discontinuance
113. Powers of officer in command of detachment

Division 3--Australian Military Court

114. Creation of the Australian Military Court
115. Jurisdiction
116. Exercise of jurisdiction
117. Venue
118. Referral of cases to the Australian Military Court and nomination of Military Judges
119. Seal of the Australian Military Court
120. Stamp of the Australian Military Court
121. Staff of the Australian Military Court

Division 4--Military jury

122. Constitution of a military jury
123. Eligibility to be a member of a military jury
124. Determination of questions by a military jury

PART VIII--PROCEDURE OF SERVICE TRIBUNALS

Division 1--Trial by summary authority

129. Time within which trial must be commenced
130. Trial by summary authority
131. Accused person may elect to be tried by the Australian Military Court--election during trial
131AA. Decision by accused person whether to elect to be tried by the Australian Military Court--decision during trial
131A. Reference of charge to Director of Military Prosecutions
131B. Conviction by summary authority to have effect for service purposes only

Division 2--Trial by the

132. Application of Division
132A. Trial of class 1 offences etc.
132AA. Trials of class 2 offences etc.
132AB. Trials of class 3 offences
132B. Trial by Military Judge and military jury
132C. Powers of the Military Judge in trial by Military Judge and military jury
132D. Trial by Military Judge alone
132E. Additional matters about trials by Military Judge alone or with a military jury
132F. Australian Military Court to take action against convicted persons
136. Representatives of parties before Australian Military Court
137. Representation of accused person before Australian Military Court

Division 3--General

Subdivision A--General provisions relating to trials

137A. Application of Subdivision
138. Procedural powers
139. Accused person to be present at hearing
140. Public hearings by the Australian Military Court
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. Evidence in trials by the Australian Military Court
146A. Evidence etc. in proceedings before a summary authority
147. Judicial notice of service matters
148. Record of proceedings to be kept

Subdivision B--Use of video and audio links in the

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
148F. New Zealand proceedings

Subdivision C--Rules of procedure for service tribunals

149. The Summary Authority Rules
149A. The Australian Military Court Rules

PART VIIIA--REVIEW OF PROCEEDINGS OF SUMMARY AUTHORITIES

Division 1--Interpretation and application

150. Meaning of reviewing authority and competent reviewing authority
150A. Application of Part

Division 2--Automatic review by reviewing authority

151. Review of proceedings of subordinate summary authority
152. Review of proceedings of superior summary authority or commanding officer
153. Reviewing authority must request summary authority to reopen proceedings to correct punishment error
153A. Procedures for dealing with reopened proceedings
154. Effect on review of appeal to the Australian Military Court
155. Reviewing authority may recommend that convicted person appeal to the Australian Military Court

Division 3--Review of certain punishments and orders that are subject to approval by reviewing authority

156. Application of Division
157. Reviewing authority must approve or not approve punishment or order
158. Approved punishment or order to take effect as determined
159. Punishments or orders not approved to be quashed or revoked

PART IX--APPEALS TO THE

Division 1--Definitions

160. Definitions

Division 2--Bringing of appeals

161. Appeals to the Australian Military Court

Division 3--Determination of appeals

162. Quashing of conviction--conviction unreasonable etc.
163. Quashing of conviction--new evidence available
164. Quashing of conviction--person suffering from mental impairment
165. Australian Military Court may order new trial
165A. Person taken to have been acquitted
166. Substitution of conviction for alternative offence
167. Powers of Court in an appeal against a punishment
167A. Powers of Court in an appeal against a Part IV order
167B. Frivolous or vexatious appeals

Division 4--General provisions relating to appeals

168. Representation of parties in an appeal
168A. Hearings
168B. Evidence
168C. Judicial notice of service matters
168D. Record of proceedings to be kept
168E. Use of video and audio links

PART IXA--SPECIAL PROCEDURES RELATING TO CERTAIN MINOR DISCIPLINARY INFRINGEMENTS

169A. Definitions
169B. Appointment of discipline officers
169BA. Service chief may exempt certain warrant officers
169BB. Relevant discipline officers
169C. Jurisdiction of discipline officer
169D. Issue of infringement notice
169E. Election to be dealt with by discipline officer
169F. Powers of discipline officer
169FA. Commencement of punishments
169FB. Consequences of punishments
169G. Procedure before discipline officer
169GA. Report by discipline officer
169H. Destruction of records
169J. This Part not a bar to action under other provisions

PART X--EXECUTION AND ENFORCEMENT OF PUNISHMENTS AND ORDERS

170. Warrants of commitment
171. Commencement of punishments and orders
172. Punishments and orders subject to approval
172A. Suspension of operation of restitution orders and reparation orders made by a summary authority
173. Suspension of operation of restitution orders and reparation orders made by the Australian Military Court
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 MILITARY JUDGE, MILITARY JUDGES AND REGISTRAR

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 Military Judge

188AA. Chief Military Judge
188AB. Role of the Chief Military Judge
188AC. Appointment of Chief Military Judge
188AD. Qualifications for Chief Military Judge
188AE. Selection of Chief Military Judge
188AF. Oath or affirmation
188AG. Remuneration
188AH. Leave of absence
188AI. No outside employment
188AJ. No promotion other than automatic mid-term promotion
188AK. Resignation
188AL. Termination of appointment
188AN. Acting Chief Military Judge

Division 2A--Military Judges

188AO. Military Judges
188AP. Appointment of Military Judges
188AQ. Appointment of part-time Military Judge not to affect tenure etc.
188AR. Qualifications for Military Judges
188AS. Selection of Military Judges
188AT. Oath or affirmation
188AU. Remuneration
188AV. Leave of absence
188AW. Outside employment
188AX. No promotion other than automatic mid-term promotion
188AY. Resignation
188AZ. Termination of appointment
188BB. Acting Military Judges

Division 3--The Registrar of the

188F. Registrar of the Australian Military Court
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
191. Evidentiary certificate
192. Evidence of warrant of commitment
193. Protection of members of military juries etc.
194. Persons found to be of unsound mind
194A. Persons required as witnesses before service tribunals
195. Supply of record of proceedings
196A. Annual report relating to Defence Force discipline law
196B. Annual report relating to the operations of the Director of Military Prosecutions
196C. Annual report relating to the operations of the Australian Military Court
197. Regulations
SCHEDULE 1A Certain disciplinary offences
SCHEDULE 1 Corresponding punishments
SCHEDULE 2 Punishments that may be imposed by the Australian Military Court
SCHEDULE 3 Punishments that may be imposed by a summary authority
SCHEDULE 3A Punishments that may be imposed by a summary authority on detainees convicted of certain offences
SCHEDULE 4
SCHEDULE 6 Alternative offences
SCHEDULE 7 Clas s 1, class 2 and class 3 offences

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