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DEFENCE FORCE DISCIPLINE ACT 1982 - SCHEDULE 3

Punishments that may be imposed by a summary authority

Note:       See section 67.

   

   

1   Punishments that may be imposed by a superior summary authority

Punishments that may be imposed on certain officers

             (1)  A superior summary authority may impose a punishment set out in column 2 of an item of Table A of this Schedule on an officer referred to in column 1 of that item who has been convicted of an offence.

 

Table A--Punishments that may be imposed by a superior summary authority on certain officers

Item

Column 1

Convicted person

Column 2

Punishment

1

Officer:

(a) of or below the rank of rear admiral but above the rank of lieutenant commander; or

(b) of or below the rank of major-general but above the rank of major; or

(c) of or below the rank of air vice-marshal but above the rank of squadron leader

Fine not exceeding the amount of the convicted person's pay for 7 days

Severe reprimand

Reprimand

Punishments that may be imposed on other persons

             (2)  A superior summary authority may impose an elective punishment, or a punishment set out in column 3 of an item of Table B of this Schedule, on a person referred to in column 1 of that item who has been convicted of an offence (other than a Schedule 1A offence).

             (3)  A superior summary authority may impose a punishment set out in column 3 of an item of Table B of this Schedule on a person referred to in column 1 of that item who has been convicted of a Schedule 1A offence.

             (4)  A superior summary authority may impose an elective punishment on a person referred to in column 1 of an item of Table B of this Schedule who has been convicted of a Schedule 1A offence (other than a custodial offence) only in accordance with subsection 131AA(8).

 

Table B--Punishments that may be imposed by a superior summary authority on other persons

Item

Column 1

Convicted person

Column 2

Elective punishment

Column 3

Other punishment

1

Officer of or below the rank of lieutenant commander, major or squadron leader

Warrant officer

Fine exceeding the amount of the convicted person's pay for 7 days but not exceeding the amount of the convicted person's pay for 14 days

Fine not exceeding the amount of the convicted person's pay for 7 days

Severe reprimand

Reprimand

2

Person who is not a member of the Defence Force

Fine exceeding $100 but not exceeding $250

Fine not exceeding $100

2   Punishments that may be imposed by a commanding officer

             (1)  A commanding officer may impose an elective punishment, or a punishment set out in column 3 of an item of Table C of this Schedule, on a person referred to in column 1 of that item who has been convicted of an offence (other than a Schedule 1A offence).

             (2)  A commanding officer may impose a punishment set out in column 3 of an item of Table C of this Schedule on a person referred to in column 1 of that item who has been convicted of a Schedule 1A offence.

             (3)  A commanding officer may impose an elective punishment on a person referred to in column 1 of an item of Table C of this Schedule who has been convicted of a Schedule 1A offence (other than a custodial offence) only in accordance with subsection 131AA(8).

 

Table C--Punishments that may be imposed by a commanding officer on convicted persons

Item

Column 1

Convicted person

Column 2

Elective punishment

Column 3

Other punishment

1

Officer of or below the naval rank of lieutenant, the rank of captain in the Army or the rank of flight lieutenant

Warrant officer

Fine exceeding the amount of the convicted person's pay for 7 days but not exceeding the amount of the convicted person's pay for 14 days

Fine not exceeding the amount of the convicted person's pay for 7 days

Severe reprimand

Reprimand

2

Non-commissioned officer

Reduction in rank by one rank or, in the case of a corporal of the Army, reduction in rank by one or 2 ranks

Forfeiture of seniority

Fine exceeding the amount of the convicted person's pay for 7 days but not exceeding the amount of the convicted person's pay for 14 days

Fine not exceeding the amount of the convicted person's pay for 7 days

Severe reprimand

Reprimand

3

Member below non-commissioned rank who, at the time he or she committed the service offence of which he or she has been convicted, was on active service

Detention for a period exceeding 14 days but not exceeding 42 days

Fine exceeding the amount of the convicted person's pay for 14 days but not exceeding the amount of the convicted person's pay for 28 days

Detention for a period not exceeding 14 days

Fine not exceeding the amount of the convicted person's pay for 14 days

Severe reprimand

Restriction of privileges for a period not exceeding 14 days

Extra duties for a period not exceeding 7 days

Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days

Reprimand

4

Member below non-commissioned rank who, at the time he or she committed the service offence of which he or she has been convicted, was not on active service

Detention for a period exceeding 7 days but not exceeding 28 days

Fine exceeding the amount of the convicted person's pay for 7 days but not exceeding the amount of the convicted person's pay for 28 days

Detention for a period not exceeding 7 days

Fine not exceeding the amount of the convicted person's pay for 7 days

Severe reprimand

Restriction of privileges for a period not exceeding 14 days

Extra duties for a period not exceeding 7 days

Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days

Reprimand

5

Person who is not a member of the Defence Force

Fine exceeding $100 but not exceeding $250

Fine not exceeding $100

3   Punishments that may be imposed by a subordinate summary authority

                   A subordinate summary authority may impose a punishment set out in column 2 of an item of Table D of this Schedule on a person referred to in column 1 of that item who has been convicted of an offence.

 

Table D--Punishments that may be imposed by a subordinate summary authority on convicted persons

Item

Column 1

Convicted person

Column 2

Punishment

1

Non-commissioned officer of, or below, the rank of leading seaman or corporal

Fine not exceeding the amount of the convicted person's pay for 3 days

Severe reprimand

Reprimand

2

Member below non-commissioned rank

Fine not exceeding the amount of the convicted person's pay for 3 days

Severe reprimand

Restriction of privileges for a period not exceeding 7 days

Stoppage of leave for a period not exceeding 7 days

Extra duties for a period not exceeding 7 days

Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days

Reprimand




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