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Defence Legislation Amendment Bill 2007

Schedule 6 Minor disciplinary infringements

   

Defence Force Discipline Act 1982

1  Section 169A

Insert:

prescribed defence member means:

                     (a)  an officer of or below the naval rank of lieutenant, the rank of captain in the Army or the rank of flight lieutenant; or

                     (b)  an officer cadet; or

                     (c)  a defence member who holds a rank below non-commissioned rank.

2  Section 169C

Before “A discipline”, insert “(1)”.

Note:       The following heading to subsection 169C(1) is inserted “ Disciplinary infringements committed by officer cadets and defence members below non-commissioned rank ”.

3  At the end of section 169C

Add:

Disciplinary infringements committed by certain officers

             (2)  A discipline officer (other than a warrant officer) has jurisdiction to deal with an officer of or below the naval rank of lieutenant, the rank of captain in the Army or the rank of flight lieutenant in respect of a disciplinary infringement if:

                     (a)  the officer is at least one rank junior to the discipline officer; and

                     (b)  the officer has not been charged under this Act with a service offence arising out of the act or omission that constitutes the infringement; and

                     (c)  the officer has elected to be dealt with by a discipline officer; and

                     (d)  the officer has not withdrawn the election; and

                     (e)  the discipline officer holds his or her appointment from the commanding officer of the officer.

4  Subsection 169D(1)

Omit “defence member who is an officer cadet or holds a rank below non-commissioned rank”, substitute “prescribed defence member”.

5  Subsections 169D(4) and (5)

Before “defence member”, insert “prescribed”.

6  Subsections 169E(1) and (2)

Before “defence member”, insert “prescribed”.

7  Paragraph 169E(4)(a)

Before “defence member”, insert “prescribed”.

8  Subsection 169E(5)

Before “defence member”, insert “prescribed”.

9  Subsection 169F(1)

After “defence member”, insert “who is an officer cadet or holds a rank below non-commissioned rank”.

Note:       The following heading to subsection 169F(1) is inserted “ Punishments that may be imposed on officer cadets and defence members below non-commissioned rank ”.

10  After subsection 169F(1)

Insert:

Punishments that may be imposed on certain officers

          (1A)  A discipline officer (other than a warrant officer) may impose on an officer of or below the naval rank of lieutenant, the rank of captain in the Army or the rank of flight lieutenant, in respect of a disciplinary infringement, any of the following punishments:

                     (a)  a fine not exceeding the amount of the officer’s pay for one day;

                     (b)  a reprimand.

Note:       The following heading to subsection 169F(2) is inserted “ Other powers ”.

11  After section 169FA

Insert:

169FB   Consequences of punishments

             (1)  The Chief of the Defence Force or a service chief may, by legislative instrument, make rules with respect to the consequences, in relation to a defence member, that are to flow from the imposition by a discipline officer on that member of any of the punishments referred to in paragraphs 169F(1)(b) to (e).

             (2)  The commanding officer of a defence member who is subject to a punishment referred to in paragraph 169F(1)(b) or (d) may moderate the consequences of that punishment in relation to the member in such manner as the commanding officer considers appropriate having regard to the particular circumstances of the case and to any directions, in writing, of the Chief of the Defence Force or a service chief.

             (3)  A direction made under subsection (2) is not a legislative instrument.

             (4)  Even if a defence member is subject to a punishment of stoppage of leave under paragraph 169F(1)(c), the commanding officer of the member may, if he or she is satisfied that it is appropriate to do so, grant leave of absence to the member.

12  Subsections 169G(2) and (3)

Before “defence member”, insert “prescribed”.

13  Subsection 169G(3)

After “169F(1),”, insert “(1A),”.

14  After section 169G

Insert:

169GA   Report by discipline officer

             (1)  As soon as practicable after the end of each month, a discipline officer must give a report in accordance with subsection (2) to the discipline officer’s commanding officer.

             (2)  The report must be in writing and must contain the following information:

                     (a)  the name of each defence member dealt with, in relation to a disciplinary infringement, by the discipline officer in the month to which the report relates;

                     (b)  the nature of the disciplinary infringement in relation to which each defence member referred to in paragraph (a) was dealt with;

                     (c)  the punishment (if any) that was imposed in respect of each of those disciplinary infringements.

15  Paragraph 169H(2)(a)

Before “defence member”, insert “prescribed”.

16  Subsection 169H(2)

After “169F(1)” (wherever occurring), insert “, (1A)”.

17  Section 169J

Before “defence member”, insert “prescribed”.