Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 36

36. After section 68 of the Principal Act the following sections are inserted:
Scale of custodial punishments

"68A. (1) The only punishments that may be imposed by a service tribunal on a
person convicted of a custodial offence are, in decreasing order of severity,
as follows:

   (a)  segregated confinement for a period not exceeding 10 days;

   (b)  confinement to cell for a period not exceeding 10 days;

   (c)  extra drill for a period not exceeding 6 days;

   (d)  restriction of custodial privileges for a period not exceeding 14
        days.



"(2) A chief of staff may, by instrument in writing, make rules with respect
to the consequences, in relation to a detainee, that are to flow from the
imposition by a service tribunal on that detainee of any custodial punishment.

"(3) The officer in charge of a detention centre in which a detainee subject
to a custodial punishment is undergoing a punishment of detention may moderate
the consequences of the custodial punishment in relation to the detainee in
such manner as the officer thinks appropriate having regard to the particular
circumstances of the case and to any directions, in writing, of a chief of
staff. Disallowance, &c., of rules relating to certain punishments

"68B. Sections 48, 49 and 50 of the Acts Interpretation Act 1901 apply in
relation to rules made under sub-section 68 (2) or 68A (2) of this Act as if
references in those sections of that Act to regulations were references to
rules made under those sub-sections. Custodial punishments may be imposed for
certain non-custodial service offences

"68C. (1) Subject to sub-section 71 (4), where a person is convicted of a
service offence to which this sub-section applies, a service tribunal may, in
lieu of imposing a punishment of a kind referred to in sub-section 68 (1),
impose a custodial punishment on the person in respect of the conviction.

"(2) Sub-section (1) applies to a service offence that-

   (a)  is-

        (i)    an offence against section 23, 25, 26, 27, 29, 33, 43, 51 or
               60; or

        (ii)   an offence that is an ancillary offence in relation to an
               offence referred to in sub-paragraph (i); and

   (b)  was committed by a person at a time when he was a detainee.".