Commonwealth Numbered Acts

Defence Legislation Amendment Act 1984 No. 164 of 1984 - SECT 39

39. Section 74 of the Principal Act is amended-

   (a)  by adding at the end of sub-section (1) the following paragraphs:



"(f) segregated confinement;

   (g)  confinement to cell;

   (h)  extra drill;

   (j)  restriction of custodial privileges.";
(b) by inserting in sub-section (4) "all or any of" after "tribunal may order
that";

   (c)  by inserting after sub-section (4) the following sub-sections:



"(4A) Subject to this section, where-

   (a)  a service tribunal convicts of a service offence a person who is
        already subject to a prescribed punishment (being a punishment that is
        suspended) and, on that conviction-

        (i)    recommends to a reviewing authority, under sub-section 80 (3),
               that the suspension be revoked by the reviewing authority; and

        (ii)   imposes another prescribed punishment; and

   (b)  the reviewing authority revokes the suspension under sub-section 80
        (4),
the punishments so imposed (including the punishment the suspension of which
is revoked) shall be concurrent.



"(4B) Subject to sub-section (5), where-

   (a)  a service tribunal convicts of a service offence a person who is
        already subject to a prescribed punishment (being a punishment that is
        suspended) and, on that conviction-

        (i)    recommends to a reviewing authority, under sub-section 80 (3),
               that the suspension be revoked by the reviewing authority;

        (ii)   imposes another prescribed punishment that is of the same kind
               as the suspended punishment; and

        (iii)  recommends to the reviewing authority that the punishments be
               made cumulative; and

   (b)  the reviewing authority revokes the suspension under sub-section 80
        (4),
the reviewing authority may order that the punishments so imposed (including
the punishment the suspension of which is revoked) shall be cumulative."; and

   (d)  by inserting in sub-section (5) "or a reviewing authority that has
        revoked a suspension of a punishment on the recommendation of a
        service
tribunal" after "service tribunal".