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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Defence Legislation Amendment
(Discipline Reform) Bill 2021
No. , 2021
(Defence)
A Bill for an Act to amend the law relating to
defence, and for related purposes
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Disciplinary infringements
3
Part 1--Main amendments
3
Defence Force Discipline Act 1982
3
Part 2--Consequential amendments
22
Defence Force Discipline Act 1982
22
Part 3--Transitional provisions
25
Schedule 2--Summary authorities
27
Part 1--Removal of subordinate summary authority
27
Defence Force Discipline Act 1982
27
Part 2--Jurisdiction and punishments
29
Defence Force Discipline Act 1982
29
Part 3--Transitional provisions
44
Schedule 3--Service offences
47
Part 1--New service offences
47
Defence Force Discipline Act 1982
47
Part 2--Consequential amendments
51
Defence Force Discipline Act 1982
51
Defence Force Discipline Appeals Act 1955
51
Part 3--Transitional provisions
52
Schedule 4--Contingent amendments
53
Defence Force Discipline Act 1982
53
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
1
A Bill for an Act to amend the law relating to
1
defence, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Defence Legislation Amendment (Discipline
5
Reform) Act 2021.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
3
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 4
The later of:
(a) immediately after the commencement of
the provisions covered by table item 2;
and
(b) immediately after the commencement of
the
Online Safety Act 2021
.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
3
Schedule 1--Disciplinary infringements
1
Part 1--Main amendments
2
Defence Force Discipline Act 1982
3
1 After Part I
4
Insert:
5
Part IA--Disciplinary infringements
6
Division 1--Introduction
7
9A Simplified outline of this Part
8
A prescribed defence member (a junior officer or lower rank) may
9
elect to be dealt with under the infringement scheme in this Part in
10
relation to a disciplinary infringement if the member has been
11
given an infringement notice in relation to the infringement. By
12
electing, the member is taken to have admitted the infringement for
13
the purposes of being dealt with under the infringement scheme.
14
Disciplinary infringements are not service offences. However, if a
15
prescribed defence member has been dealt with under the
16
infringement scheme
in relation to a disciplinary infringement (see
17
subsection 9C(3)), the member is not liable to be tried by a service
18
tribunal for an offence arising out of the infringement.
19
Disciplinary infringements are dealt with by discipline officers and
20
senior discipline officers who may decide to:
21
(a)
impose a punishment; or
22
(b)
not impose a punishment if the infringement is trivial; or
23
(c)
dismiss the infringement if the member has a reasonable
24
excuse; or
25
(d)
decline to deal with the infringement if it is too serious
26
to be dealt with under this Part.
27
Schedule 1
Disciplinary infringements
Part 1
Main amendments
4
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Discipline officers may only deal with a contravention of a minor
1
disciplinary infringement provision. Senior discipline officers may
2
deal with a contravention of any disciplinary infringement
3
provision and may impose a higher punishment. There are other
4
limitations on the jurisdiction of a discipline officer or senior
5
discipline officer (see section 9F).
6
A decision by a senior discipline officer to impose a punishment is
7
reviewed by a commanding officer. The commanding officer may
8
confirm the decision or substitute the decision with a decision to
9
impose a reduced punishment or no punishment or to dismiss the
10
infringement with no punishment.
11
9B Object of this Part
12
The object of this Part is to provide a means of dealing with minor
13
service discipline matters which:
14
(a) is fair and efficient; and
15
(b) meets the disciplinary needs of the Defence Force.
16
Division 2--Key provisions
17
9C Election to be dealt with under the infringement scheme
18
(1) A prescribed defence member may elect to be dealt with under the
19
infringement scheme in relation to a disciplinary infringement if:
20
(a) the member has been given an infringement notice in relation
21
to the infringement; and
22
(b) the election is made within the period specified in the
23
infringement notice.
24
Note:
If the member elects, the member will be taken to have admitted to
25
committing the disciplinary infringement for the purpose of being
26
dealt with under the infringement scheme: see section 9EB.
27
(2) If a prescribed defence member has been dealt with under the
28
infringement scheme in relation to a disciplinary infringement (see
29
subsection (3)), the member is not liable to be tried by a service
30
tribunal for an offence arising out of the infringement.
31
Note:
If a prescribed defence member has been charged under this Act for an
32
offence arising out of a disciplinary infringement, there is no
33
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
5
jurisdiction to deal with the member under the infringement scheme in
1
relation to the infringement: see section 9F.
2
(3) A prescribed defence member has been dealt with under the
3
infringement scheme
in relation to a disciplinary infringement if a
4
discipline officer or senior discipline officer has made one of the
5
following decisions in relation to the infringement (whether or not
6
the decision has been substituted on review under section 9G):
7
(a) a decision under paragraph 9FB(1)(a) to impose a
8
punishment;
9
(b) a decision under paragraph 9FB(1)(b) not to impose a
10
punishment;
11
(c) a decision under paragraph 9FB(1)(c) to dismiss the
12
infringement.
13
Note:
A discipline officer or senior discipline officer may also make a
14
decision under paragraph 9FB(1)(d) to decline to deal with a
15
disciplinary infringement. In this case, the defence member may be
16
tried by a service tribunal for an offence arising out of the
17
infringement.
18
9CA Prescribed defence member
19
(1) A
prescribed defence member
is:
20
(a) in the Navy--a defence member who holds a rank of or
21
below the rank of lieutenant; or
22
(b) in the Army--a defence member who holds a rank of or
23
below the rank of captain; or
24
(c) in the Air Force--a defence member who holds a rank of or
25
below the rank of flight lieutenant;
26
but does not include a member covered by a determination in force
27
under subsection (2).
28
(2) A service chief may, by legislative instrument, determine that any
29
of the following is not a
prescribed defence member
:
30
(a) a specified defence member, or each member of a specified
31
class of defence members, holding the rank of warrant
32
officer;
33
(b) a specified defence member, or each member of a specified
34
class of defence members, holding the rank of chief petty
35
officer;
36
Schedule 1
Disciplinary infringements
Part 1
Main amendments
6
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(c) a specified defence member, or each member of a specified
1
class of defence members, holding the rank of flight sergeant.
2
Division 3--Disciplinary infringement provisions
3
Subdivision A--Key concepts
4
9D When a disciplinary infringement is committed
5
(1) A
disciplinary infringement
is a contravention of a disciplinary
6
infringement provision. If a prescribed defence member
7
contravenes a disciplinary infringement provision, the member
8
commits a disciplinary infringement.
9
(2) A provision in Subdivision B or C is a
disciplinary infringement
10
provision
.
11
Note:
For the punishments that may be imposed on a prescribed defence
12
member who commits a disciplinary infringement, see section 9FB.
13
(3) A provision in Subdivision B is a
minor disciplinary infringement
14
provision
.
15
Note:
Discipline officers may only deal with contraventions of minor
16
disciplinary infringement provisions. Senior discipline officers may
17
deal with a contravention of any disciplinary infringement provision:
18
see section 9F.
19
(4) To avoid doubt, a disciplinary infringement is not a service
20
offence.
21
Note:
For the meaning of
service offence
, see subsection 3(1).
22
Subdivision B--Minor disciplinary infringement provisions
23
9DA Disciplinary infringement provision--absent from duty
24
(1) A prescribed defence member contravenes this subsection if the
25
member:
26
(a) is required to attend for duty; and
27
(b) does not attend for the duty.
28
(2) A prescribed defence member contravenes this subsection if the
29
member:
30
(a) is required to perform a duty; and
31
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
7
(b) ceases to perform the duty before the member is permitted to
1
do so.
2
9DB Disciplinary infringement provision--absent without leave not
3
exceeding 3 hours
4
A prescribed defence member contravenes this section if the
5
member:
6
(a) is absent without leave; and
7
(b) the absence is for a period not exceeding 3 hours.
8
Note:
A senior discipline officer may also have jurisdiction to deal with a
9
contravention of the disciplinary infringement provision in section
10
9DH which covers absence without leave for a period not exceeding
11
24 hours.
12
9DC Disciplinary infringement provision--disobeying a lawful
13
command
14
A prescribed defence member contravenes this section if:
15
(a) a person gives the member a lawful command; and
16
(b) the person giving the command is a superior officer; and
17
(c) the member disobeys the command.
18
9DD Disciplinary infringement provision--failing to comply with a
19
general order
20
A prescribed defence member contravenes this section if:
21
(a) a lawful general order applies to the member; and
22
(b) the member does not comply with the order.
23
9DE Disciplinary infringement provision--member on guard or on
24
watch
25
A prescribed defence member contravenes this section if the
26
member is on guard duty or on watch and the member:
27
(a) sleeps at the member's post or on watch; or
28
(b) is not on duty at a post but sleeps when the member's duty
29
requires the member to be awake; or
30
(c) is intoxicated; or
31
Schedule 1
Disciplinary infringements
Part 1
Main amendments
8
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(d) leaves the member's post before being regularly relieved or
1
otherwise absents himself or herself from a place where it is
2
the member's duty to be.
3
Note:
For the meaning of
intoxicated
, see subsection 3(1).
4
9DF Disciplinary infringement provision--failure to perform duty
5
or carry out activity
6
A prescribed defence member contravenes this section if:
7
(a) the member's office or appointment, or the requirements of
8
the Defence Force, require the member to perform a duty or
9
carry out an activity; and
10
(b) the member fails to perform the duty or carry out the activity.
11
9DG Disciplinary infringement provision--prejudicial conduct
12
(1) A prescribed defence member contravenes this subsection if the
13
member does an act that is likely to prejudice the discipline of, or
14
bring discredit on, the Defence Force.
15
(2) A prescribed defence member contravenes this subsection if the
16
member:
17
(a) omits to perform an act; and
18
(b) the omission is likely to prejudice the discipline of, or bring
19
discredit on, the Defence Force.
20
Subdivision C--Disciplinary infringement provisions only
21
within jurisdiction of senior discipline officers
22
9DH Disciplinary infringement provision--absent without leave not
23
exceeding 24 hours
24
A prescribed defence member contravenes this section if the
25
member:
26
(a) is absent without leave; and
27
(b) the absence is for a period not exceeding 24 hours.
28
Note:
A senior discipline officer may also have jurisdiction to deal with a
29
contravention of the disciplinary infringement provision in section
30
9DB which covers absence without leave for a period not exceeding 3
31
hours.
32
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
9
9DI Disciplinary infringement provision--insubordinate conduct
1
(1) A prescribed defence member contravenes this subsection if:
2
(a) the member engages in conduct that is threatening,
3
insubordinate or insulting to a person; and
4
(b) the person is a superior officer.
5
(2) A prescribed defence member contravenes this subsection if:
6
(a) the member uses language that is threatening, insubordinate
7
or insulting about a person; and
8
(b) the language is used in that person's presence; and
9
(c) the person is a superior officer.
10
9DJ Disciplinary infringement provision--creating a disturbance
11
etc.
12
A prescribed defence member contravenes this section if:
13
(a) the member is on service land, in a service ship, service
14
aircraft or service vehicle or in a public place; and
15
(b) the member creates a disturbance or takes part in creating or
16
continuing a disturbance.
17
9DK Disciplinary infringement provision--insulting or provocative
18
words
19
A prescribed defence member contravenes this section if:
20
(a) the member is on service land, in a service ship, service
21
aircraft or service vehicle or in a public place; and
22
(b) the member uses insulting or provocative words to another
23
person.
24
9DL Disciplinary infringement provision--unauthorised discharge
25
of weapon
26
A prescribed defence member contravenes this section if:
27
(a) the member engages in conduct; and
28
(b) the conduct causes, or contributes to, the discharge of a
29
weapon; and
30
(c) the discharge of the weapon is not authorised.
31
Schedule 1
Disciplinary infringements
Part 1
Main amendments
10
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
9DM Disciplinary infringement provision--negligent discharge of
1
weapon
2
(1) A prescribed defence member contravenes this subsection if:
3
(a) the member engages in conduct; and
4
(b) the conduct causes, or contributes to, the discharge of a
5
weapon; and
6
(c) the member is negligent as to that result.
7
(2) For the purposes of paragraph (1)(c), in deciding whether the
8
prescribed defence member is negligent, to the extent that it is
9
required to have regard to the standard of care of a reasonable
10
person to make that decision, regard is to be had to the standard of
11
care that would have been exercised by a reasonable person who:
12
(a) was a defence member with the same training and experience
13
in the Defence Force or other armed force as the prescribed
14
defence member; and
15
(b) was engaged in the conduct in the course of the member's
16
duty or in accordance with the requirements of the Defence
17
Force, as the case may be.
18
9DN Disciplinary infringement provision--intoxicated while on duty
19
etc.
20
A prescribed defence member contravenes this section if:
21
(a) the member is on duty, or reports or should report for duty;
22
and
23
(b) the member is intoxicated.
24
Note:
For the meaning of
intoxicated
, see subsection 3(1).
25
9DO Disciplinary infringement provision--driving a service vehicle
26
for unauthorised purpose
27
A prescribed defence member contravenes this section if:
28
(a) the member:
29
(i) drives a service vehicle in any place, whether a public
30
place or not; and
31
(ii) is not authorised to drive that vehicle; or
32
(b) the member uses a service vehicle for an unauthorised
33
purpose.
34
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
11
9DP Disciplinary infringement provision--driving without due care
1
or attention etc.
2
(1) A prescribed defence member contravenes this subsection if:
3
(a) the member drives a service vehicle in any place, whether a
4
public place or not; and
5
(b) the member does so without due care and attention or without
6
reasonable consideration for another person in that place.
7
(2) A prescribed defence member contravenes this subsection if:
8
(a) the member drives a vehicle on service land; and
9
(b) the member does so without due care and attention or without
10
reasonable consideration for another person on that land.
11
Division 4--Election to be dealt with under the
12
infringement scheme
13
9E Infringement officer may give infringement notice
14
(1) If an infringement officer:
15
(a) believes, on reasonable grounds, that a prescribed defence
16
member has committed a disciplinary infringement; and
17
(b) believes, on reasonable grounds, that the member does not
18
have a reasonable excuse for committing the infringement;
19
the infringement officer may give the member an infringement
20
notice in relation to the infringement.
21
(2) The infringement notice must be given as soon as is reasonably
22
practicable after the infringement officer first has reasonable
23
grounds for believing that the member has committed the
24
infringement.
25
(3) The infringement notice must:
26
(a) give particulars of the infringement to which the notice
27
relates; and
28
(b) inform the member of the following:
29
(i) the member's right to elect to be dealt with under the
30
infringement scheme in relation to the infringement;
31
(ii) that, if the member so elects, the member will be taken
32
to have admitted committing the infringement for the
33
Schedule 1
Disciplinary infringements
Part 1
Main amendments
12
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
purposes of being dealt with under the infringement
1
scheme in relation to the infringement;
2
(iii) the period within which the election must be made;
3
(iv) whether the member will be dealt with by a discipline
4
officer or a senior discipline officer;
5
(v) the penalties that may be imposed by that kind of
6
officer; and
7
(c) inform the member that:
8
(i) if the member has been dealt with under the
9
infringement scheme in relation to the disciplinary
10
infringement (see subsection 9C(3)), the member is not
11
liable to be tried by a service tribunal for an offence
12
arising out of the infringement; and
13
(ii) if the member does not so elect, the infringement officer
14
may refer the infringement to an authorized member of
15
the Defence Force for the purposes of section 87 so that
16
the authorized member may determine whether there are
17
reasonable grounds to believe that the member has
18
committed a service offence.
19
(4) An infringement notice must be in accordance with a form
20
approved by the Chief of the Defence Force.
21
9EA Election may be withdrawn
22
A prescribed defence member may, at any time before a decision is
23
made under section 9FB in relation to a disciplinary infringement,
24
withdraw an election to be dealt with under the infringement
25
scheme in relation to the disciplinary infringement.
26
9EB Member is taken to have admitted the infringement only for
27
the purpose of being dealt with under the infringement
28
scheme
29
If a prescribed defence member elects to be dealt with under the
30
infringement scheme in relation to a disciplinary infringement, the
31
member is taken, for the purpose of being so dealt with but for no
32
other purpose, to have admitted committing the infringement.
33
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
13
9EC Consequence of no election or withdrawing election
1
If a prescribed defence member is given an infringement notice in
2
relation to a disciplinary infringement and:
3
(a) the member does not make an election within the period
4
specified in the notice; or
5
(b) the member withdraws the election;
6
an infringement officer may refer the infringement to an authorized
7
member of the Defence Force for the purposes of section 87 so that
8
the authorized member may determine whether there are
9
reasonable grounds to believe that the member has committed a
10
service offence.
11
Note:
The election may be withdrawn at any time before a decision is made
12
under section 9FB in relation to the disciplinary infringement: see
13
section 9EA.
14
Division 5--Dealing with disciplinary infringements
15
9F Jurisdiction to deal with a disciplinary infringement
16
Discipline officer
17
(1) A discipline officer has jurisdiction to deal with a prescribed
18
defence member under the infringement scheme in relation to a
19
disciplinary infringement if:
20
(a) the member has not been charged under this Act with an
21
offence arising out of the infringement; and
22
(b) the member has elected to be dealt with under the
23
infringement scheme in relation to the infringement (see
24
section 9C); and
25
(c) the member has not withdrawn the election; and
26
(d) the member is of a kind of prescribed defence member
27
specified in the officer's instrument of appointment (see
28
section 9H); and
29
(e) the member:
30
(i) holds the rank of officer cadet; or
31
(ii) if the member is a junior officer--is at least one rank
32
junior to the discipline officer; or
33
(iii) otherwise--is at least 2 ranks junior to the officer; and
34
(f) the infringement is:
35
Schedule 1
Disciplinary infringements
Part 1
Main amendments
14
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(i) a contravention of a minor disciplinary infringement
1
provision; and
2
(ii) of a kind specified in the officer's instrument of
3
appointment (see section 9H).
4
Senior discipline officer
5
(2) A senior discipline officer has jurisdiction to deal with a prescribed
6
defence member under the infringement scheme in relation to a
7
disciplinary infringement if:
8
(a) the member has not been charged under this Act with an
9
offence arising out of the infringement; and
10
(b) the member has elected to be dealt with under the
11
infringement scheme in relation to the infringement (see
12
section 9C); and
13
(c) the member has not withdrawn the election; and
14
(d) the member is of a kind of prescribed defence member
15
specified in the officer's instrument of appointment (see
16
section 9H); and
17
(e) the member is at least one rank junior to the officer; and
18
(f) the infringement is of a kind specified in the officer's
19
instrument of appointment (see section 9H).
20
A discipline officer or senior discipline officer is not a service
21
tribunal
22
(3) To avoid doubt, the exercise of jurisdiction by a discipline officer
23
or senior discipline officer under this Part is not the exercise of
24
jurisdiction by a service tribunal.
25
Note:
For the meaning of
service tribunal
, see subsection 3(1).
26
9FA Procedure in dealing with disciplinary infringements
27
(1) Subject to this section, the procedure followed by a discipline
28
officer or a senior discipline officer in dealing with a prescribed
29
defence member under the disciplinary infringement scheme in
30
relation to a disciplinary infringement is to be in accordance with
31
any requirements specified by the Chief of the Defence Force.
32
(2) The Chief of the Defence Force may, by legislative instrument,
33
specify requirements for the purpose of subsection (1).
34
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
15
(3) The prescribed defence member is not to be represented before the
1
discipline officer or senior discipline officer.
2
(4) The prescribed defence member may, when the member appears
3
before the discipline officer or senior discipline officer, call
4
witnesses and present evidence in relation to anything relevant to
5
the exercise of the officer's powers under section 9FB.
6
9FB Decisions that may be made by discipline officers or senior
7
discipline officers in dealing with disciplinary
8
infringements
9
(1) A discipline officer or senior discipline officer, in dealing with a
10
prescribed defence member under the infringement scheme in
11
relation to a disciplinary infringement, may decide:
12
(a) to impose a punishment on the member in accordance with
13
subsection (2); or
14
(b) if the officer considers that the infringement is trivial--not to
15
impose a punishment on the member; or
16
(c) if the officer considers that the member has a reasonable
17
excuse for committing the infringement--to dismiss the
18
infringement; or
19
(d) if the officer considers that the infringement is too serious to
20
be dealt with under this Part--to decline to deal with the
21
infringement.
22
Note 1:
If a decision under paragraph (a), (b) or (c) is made the member
23
cannot be tried by a service tribunal for an offence arising out of the
24
infringement, see subsections 9C(2) and (3).
25
Note 2:
If a decision is made under paragraph (d) to decline to deal with the
26
member, the member may be tried by a service tribunal for an offence
27
arising out of the infringement.
28
Decision to impose a punishment
29
(2) The following table sets out the punishments that may be imposed
30
by the discipline officer or senior discipline officer in relation to
31
the disciplinary infringement.
32
33
Schedule 1
Disciplinary infringements
Part 1
Main amendments
16
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Disciplinary infringement punishments
Item
Column 1
Kind of officer
Column 2
Punishment
1
Discipline officer
Fine not exceeding the amount of the
defence member's pay for one day
Restriction of privileges for a period not
exceeding 2 days
Stoppage of leave for a period not exceeding
3 days
Extra duties for a period not exceeding 3
days
Extra drill for no more than 2 sessions of 30
minutes each per day for a period not
exceeding 3 days
Reprimand
2
Senior discipline officer
Fine not exceeding the amount of the
defence member'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 no more than 2 sessions of 30
minutes each per day for a period not
exceeding 3 days
Reprimand
Decision to dismiss the infringement
1
(3) If the discipline officer or senior discipline officer decides to
2
dismiss the disciplinary infringement, no punishment may be
3
imposed in relation to the infringement under this Part.
4
Decision to decline to deal with the infringement
5
(4) If the discipline officer or senior discipline officer decides to
6
decline to deal with the disciplinary infringement, an infringement
7
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
17
officer may refer the infringement to an authorized member of the
1
Defence Force for the purposes of section 87 so that the authorized
2
member may determine whether there are reasonable grounds to
3
believe that the member has committed a service offence.
4
9FC Commencement of punishments
5
(1) A decision by a discipline officer or senior discipline officer to
6
impose a punishment takes effect:
7
(a) if the punishment is imposed for a period--from the start of
8
the period specified in the decision, which must be a period
9
starting on a day not later than 14 days after the decision is
10
made; or
11
(b) in any other case--at the time the decision is made.
12
(2) However, if a decision by a senior discipline officer to impose a
13
punishment is substituted by a decision of a commanding officer
14
under subsection 9G(2), the punishment imposed by the senior
15
discipline officer ceases to have effect at the time the substituted
16
decision is made.
17
Note:
The substituted decision takes effect at the time specified in the
18
substituted decision: see subsection 9G(4).
19
(3) This section has effect subject to subsection 9J(4).
20
Division 6--Command review of decisions of senior
21
discipline officers
22
9G Command review of decisions of senior discipline officers
23
(1) A commanding officer must review a decision by a senior
24
discipline officer under paragraph 9FB(1)(a) to impose a
25
punishment on a prescribed defence member in relation to a
26
disciplinary infringement.
27
Note:
For the conferral of powers of a commanding officer under this Part,
28
see section 5.
29
(2) As soon as practicable after the decision is made by the senior
30
discipline officer, the commanding officer must make one of the
31
following decisions:
32
Schedule 1
Disciplinary infringements
Part 1
Main amendments
18
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(a) a decision to confirm the senior discipline officer's decision
1
to impose the punishment;
2
(b) a decision to substitute the senior discipline officer's decision
3
with a decision that:
4
(i) a reduced punishment is imposed; or
5
(ii) no punishment is imposed; or
6
(iii) the infringement is dismissed and no punishment is
7
imposed.
8
Note:
Regardless of whether the decision is confirmed or substituted, the
9
prescribed defence member has been dealt with under the
10
infringement scheme in relation to the infringement: see subsection
11
9C(3).
12
(3) A
reduced punishment
is:
13
(a) if the punishment is for or relates to a period--the same
14
punishment for or relating to a lesser period; or
15
(b) if the punishment is a fine--a lower fine; or
16
(c) any other punishment that occurs after that punishment in
17
column 2 of item 2 of the table in subsection 9FB(2).
18
(4) A substituted decision takes effect at the time specified in the
19
decision, which may be a time before the substituted decision is
20
made.
21
(5) This section has effect subject to subsection 9J(4).
22
Division 7--Discipline officers, senior discipline officers
23
and infringement officers
24
9H Appointment of discipline officers and senior discipline officers
25
Discipline officers
26
(1) A commanding officer may, by instrument in writing, appoint any
27
of the following defence members to be discipline officers:
28
(a) officers (other than officer cadets);
29
(b) warrant officers;
30
(c) chief petty officers;
31
(d) flight sergeants.
32
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
19
Note:
For the conferral of powers of a commanding officer under this Part,
1
see section 5.
2
(2) A member appointed under subsection (1) is a
discipline officer
.
3
(3) The commanding officer must specify in the member's instrument
4
of appointment the kinds of prescribed defence members and kinds
5
of disciplinary infringements that the member may deal with as a
6
discipline officer.
7
Note:
There are also other limits on the kinds of prescribed defence
8
members and disciplinary infringements a discipline officer may deal
9
with: see subsection 9F(1).
10
Senior discipline officers
11
(4) A commanding officer may, by instrument in writing, appoint
12
defence members who hold any of the following ranks to be senior
13
discipline officers:
14
(a) in any case--a rank of or above lieutenant commander, major
15
or squadron leader;
16
(b) if the commanding officer is a lieutenant commander, major
17
or squadron leader--a rank of lieutenant in the Navy, captain
18
in the Army or flight lieutenant.
19
Note:
For the conferral of powers of a commanding officer under this Part,
20
see section 5.
21
(5) A member appointed under subsection (4) is a
senior
discipline
22
officer
.
23
(6) The commanding officer must specify in the member's instrument
24
of appointment the kinds of prescribed defence members and kinds
25
of disciplinary infringements that the member may deal with as a
26
senior discipline officer.
27
Note:
There are also other limits on the kinds of prescribed defence
28
members a senior discipline officer may deal with: see subsection
29
9F(2).
30
9HA Appointment of infringement officers
31
(1) A commanding officer may, by instrument in writing, appoint
32
defence members who hold a rank of or above non-commissioned
33
officer to be infringement officers.
34
Schedule 1
Disciplinary infringements
Part 1
Main amendments
20
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Note:
For the conferral of powers of a commanding officer under this Part,
1
see section 5.
2
(2) A member appointed under subsection (1) is an
infringement
3
officer
.
4
Division 8--Miscellaneous
5
9J Consequences of punishments
6
(1) The Chief of the Defence Force or a service chief may, by
7
legislative instrument, make rules with respect to the
8
consequences, in relation to a prescribed defence member, that are
9
to flow from the imposition under this Part on that member of any
10
of the following punishments:
11
(a) restriction of privileges;
12
(b) stoppage of leave;
13
(c) extra duties;
14
(d) extra drill.
15
(2) The commanding officer of a prescribed defence member who is
16
subject to a punishment referred to in paragraph (1)(a) or (c) may
17
moderate the consequences of that punishment in relation to the
18
member in such manner as the commanding officer considers
19
appropriate, having regard to the particular circumstances of the
20
case and to any directions, in writing, of the Chief of the Defence
21
Force or a service chief.
22
(3) A direction made under subsection (2) is not a legislative
23
instrument.
24
(4) Even if a prescribed defence member is subject to a punishment of
25
stoppage of leave, the commanding officer of the member may, if
26
satisfied that it is appropriate to do so, grant leave of absence to the
27
member.
28
9JA Monthly report by discipline officers and senior discipline
29
officers
30
(1) As soon as practicable after the end of each month, each discipline
31
officer and senior discipline officer must give a report in
32
Disciplinary infringements
Schedule 1
Main amendments
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
21
accordance with subsection (2) to the officer's commanding
1
officer.
2
(2) The report must be in writing and must contain in relation to each
3
disciplinary infringement dealt with by the officer under this
4
Part in the month:
5
(a) the name of the prescribed defence member; and
6
(b) the nature of the disciplinary infringement; and
7
(c) the decision made under subsection 9FB(1).
8
Note:
A report under this section is a
Part IA record
for the purposes of
9
section 9JB.
10
9JB Records relating to disciplinary infringements
11
(1) The Chief of the Defence Force may, by legislative instrument,
12
make rules for, or in relation to, the following:
13
(a) the keeping of Part IA records;
14
(b) the retention, use or destruction of Part IA records.
15
(2) A
Part IA record
is any part of a record that:
16
(a) relates to a person's service as a defence member; and
17
(b) is kept by any means under a law of the Commonwealth; and
18
(c) relates to this Part.
19
(3) A person must comply with any rules made under subsection (1).
20
Schedule 1
Disciplinary infringements
Part 2
Consequential amendments
22
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Part 2--Consequential amendments
1
Defence Force Discipline Act 1982
2
2 Subsection 3(1)
3
Insert:
4
disciplinary infringement
has the meaning given by
5
subsection 9D(1).
6
disciplinary infringement
provision
has the meaning given by
7
subsection 9D(2).
8
discipline officer
has the meaning given by subsection 9H(2).
9
infringement notice
means a notice given under section 9E.
10
infringement officer
has the meaning given by subsection 9HA(2).
11
infringement scheme
means Part IA.
12
intoxicated
: a person is
intoxicated
if, and only if, the person's
13
faculties are, because of the person being under the influence of
14
intoxicating liquor or a drug (other than a drug administered by, or
15
taken in accordance with the directions of, a person lawfully
16
authorised to administer the drug), so impaired that the person is
17
unfit to be entrusted with the person's duty or with any duty that
18
the person may be called on to perform.
19
junior officer
means a defence member who is an officer (other
20
than an officer cadet) who holds:
21
(a) in the Navy--a rank of or below the rank of lieutenant; or
22
(b) in the Army--a rank of or below the rank of captain; or
23
(c) in the Air Force--a rank of or below the rank of flight
24
lieutenant.
25
minor disciplinary infringement
provision
has the meaning given
26
by subsection 9D(3).
27
officer cadet
means a defence member who holds a rank of:
28
(a) in the Navy--midshipman; or
29
(b) in the Army--staff cadet or officer cadet; or
30
Disciplinary infringements
Schedule 1
Consequential amendments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
23
(c) in the Air Force--officer cadet.
1
Part IA record
has the meaning given by section 9JB(2).
2
prescribed defence member
has the meaning given by
3
section 9CA.
4
reduced punishment
has the meaning given by subsection 9G(3).
5
senior discipline officer
has the meaning given by subsection
6
9H(5).
7
3 Paragraph 32(1)(c)
8
Omit "(see subsection (5))".
9
4 Subsection 32(2)
10
Omit "Note", substitute "Note 1".
11
5 At the end of subsection 32(2)
12
Add:
13
Note 2:
For the meaning of
intoxicated
, see subsection 3(1).
14
6 Subsection 32(5)
15
Repeal the subsection.
16
7 Paragraph 37(1)(b)
17
Omit "(see subsection (3))".
18
8 Subsection 37(2)
19
Omit "Note", substitute "Note 1".
20
9 At the end of subsection 37(2)
21
Add:
22
Note 2:
For the meaning of
intoxicated
, see subsection 3(1).
23
10 Subsection 37(3)
24
Repeal the subsection.
25
11 Subparagraph 141(1)(b)(i)
26
Before "section 144", insert "subsection 9C(2) or".
27
Schedule 1
Disciplinary infringements
Part 2
Consequential amendments
24
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
12 Subsections 144(3A) and (3B)
1
Repeal the subsections.
2
13 At the end of section 144
3
Add:
4
Note:
If a defence member has been dealt with under the infringement
5
scheme in relation to a disciplinary infringement (see subsection
6
9C(3)), the member is not liable to be tried by a service tribunal for an
7
offence arising out of the infringement: see subsection 9C(2).
8
14 Part IXA
9
Repeal the Part.
10
Disciplinary infringements
Schedule 1
Transitional provisions
Part 3
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
25
Part 3--Transitional provisions
1
15 Definitions
2
In this Part:
3
commencement time
means the time this item commences.
4
new infringement scheme
means Part IA of the
Defence Force
5
Discipline Act 1982
as inserted by this Schedule.
6
old infringement scheme
means Part IXA of the
Defence Force
7
Discipline Act 1982
.
8
16 New infringement scheme applies to disciplinary
9
infringements at or after the commencement time
10
The
Defence Force Discipline Act 1982
, as amended by this Schedule,
11
applies in relation to a contravention of a disciplinary infringement
12
provision that occurs, or is alleged to have occurred, at or after the
13
commencement time.
14
17 Old infringement scheme continues to apply to
15
disciplinary infringements committed before the
16
commencement time
17
Despite the amendments of the
Defence Force Discipline Act 1982
18
made by this Schedule:
19
(a) that Act; and
20
(b) any instrument made under that Act as in force immediately
21
before the commencement time;
22
continue to apply, as if those amendments had not been made, in
23
relation to a disciplinary infringement (within the meaning of that Act
24
as in force immediately before the commencement time) that occurs, or
25
is alleged to have occurred, before the commencement time.
26
18 Commanding officer appointed to exercise powers under
27
old infringement scheme may exercise powers under
28
new infringement scheme
29
(1)
This item applies to an instrument that was:
30
(a) made under subsection 5(1) or (3) of the
Defence Force
31
Discipline Act 1982
; and
32
Schedule 1
Disciplinary infringements
Part 3
Transitional provisions
26
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(b) in force immediately before the commencement time.
1
Translation of references to all Part IXA powers
2
(2)
If the instrument specifies all of the powers conferred on a commanding
3
officer by or under the old infringement scheme, the instrument has
4
effect, at and after the commencement time, as if it specified all of the
5
powers conferred on a commanding officer by or under the new
6
infringement scheme.
7
Translation of references to particular Part IXA powers
8
(3)
If:
9
(a) the instrument specifies one or more powers conferred on a
10
commanding officer by or under the old infringement
11
scheme; and
12
(b) a substantially similar power to a specified power is
13
conferred on a commanding officer by or under the new
14
infringement scheme;
15
then the instrument has effect, at and after the commencement time, as
16
if it specified each substantially similar power.
17
Summary authorities
Schedule 2
Removal of subordinate summary authority
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
27
Schedule 2--Summary authorities
1
Part 1--Removal of subordinate summary authority
2
Defence Force Discipline Act 1982
3
1 Subsection 3(1) (definition of
subordinate summary
4
authority
)
5
Repeal the definition.
6
2 Subsection 3(1) (paragraph (a) of the definition of
summary
7
authority
)
8
After "authority;", insert "or".
9
3 Subsection 3(1) (paragraph (b) of the definition of
summary
10
authority
)
11
Omit "officer; or", substitute "officer.".
12
4 Subsection 3(1) (paragraph (c) of the definition of
summary
13
authority
)
14
Repeal the paragraph.
15
5 Subsection 3(1) (definition of
superior summary authority
)
16
Omit "subsection 105(1)", substitute "section 105".
17
6 Subparagraph 87(1)(a)(iii)
18
Omit "or 111".
19
7 Section 105
20
Repeal the section, substitute:
21
105 Appointment of superior summary authorities
22
The Chief of the Defence Force or a service chief may, by
23
instrument in writing, appoint an officer, or each officer included
24
in a class of officers, to be a superior summary authority.
25
Schedule 2
Summary authorities
Part 1
Removal of subordinate summary authority
28
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Note:
A commanding officer may also be a summary authority. For the
1
conferral on a commanding officer of the powers of a summary
2
authority, see section 5.
3
8 Section 105A (heading)
4
Omit "
, 110 or 111
", substitute "
or 110
".
5
9 Paragraph 105A(1)(b)
6
Omit ", 110 or 111", substitute "or 110".
7
10 Section 108
8
Repeal the section.
9
11 Section 111
10
Repeal the section.
11
12 Subsection 111A(1)
12
Omit ", 110 or 111", substitute "or 110".
13
13 Paragraph 112(a)
14
Omit "or 111(2)(c)".
15
14 Paragraph 144(4)(c)
16
Omit "110 or 111", substitute "or 110".
17
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
29
Part 2--Jurisdiction and punishments
1
Defence Force Discipline Act 1982
2
15 Subsection 3(1) (definition of
active service
)
3
Omit "member of the Defence Force", substitute "defence member".
4
16 Subsection 3(1) (definition of
elective punishment
)
5
Repeal the definition, substitute:
6
elective punishment
means a punishment set out in column 3 of an
7
item in the table in subsection 69B(2) or 69C(2).
8
17 Subsection 3(1) (definition of
member below
9
non-commissioned rank
)
10
Repeal the definition, substitute:
11
member below non-commissioned rank
means a defence member
12
who is not an officer, an officer cadet, a warrant officer or a
13
non-commissioned officer.
14
18 Paragraph 4(1)(b)
15
Omit "members of the Defence Force", substitute "defence force
16
members".
17
19 Section 67
18
Repeal the section.
19
20 Subparagraph 68(1)(h)(i)
20
Omit "member of the Defence Force--the amount of his or her",
21
substitute "defence member--the amount of the member's".
22
21 Subsection 68(2)
23
Omit "member of the Defence Force", substitute "defence member".
24
22 At the end of section 68A
25
Add:
26
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
30
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Note:
Courts martial and Defence Force magistrates do not have jurisdiction
1
to try custodial offences: see sections 115 and 129.
2
23 After section 69
3
Insert:
4
69A Punishments that may be imposed by a court martial or a
5
Defence Force magistrate
6
(1) A court martial or a Defence Force magistrate must not impose a
7
punishment in respect of a conviction except in accordance with
8
this Part.
9
(2) The following table sets out the punishments that may be imposed
10
by a court martial or a Defence Force magistrate for an offence.
11
Note 1:
Courts martial and Defence Force magistrates do not have jurisdiction
12
to try custodial offences: see sections 115 and 129.
13
Note 2:
Custodial punishments may be imposed instead of the punishments in
14
the following table for certain non-custodial service offences: see
15
section 68C.
16
17
Punishments that may be imposed by a court martial or a Defence Force
magistrate
Item
Column 1
Convicted person
Column 2
Punishment
1
Officer
Imprisonment
Dismissal from the Defence Force
Reduction in rank
Forfeiture of service for the purposes of promotion
Forfeiture of seniority
Fine not exceeding the amount of the convicted
person's pay for 28 days
Severe reprimand
Reprimand
2
Defence member
who is not an officer
Imprisonment
Dismissal from the Defence Force
Detention for a period not exceeding 2 years
Reduction in rank
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
31
Punishments that may be imposed by a court martial or a Defence Force
magistrate
Item
Column 1
Convicted person
Column 2
Punishment
Forfeiture of seniority
Fine not exceeding the amount of the convicted
person's pay for 28 days
Severe reprimand
Reprimand
3
Person who is not a
defence member
Imprisonment
Fine not exceeding 15 penalty units
(3) However, a restricted court martial or a Defence Force magistrate
1
must not impose any of the following punishments:
2
(a) imprisonment for life;
3
(b) imprisonment for a period exceeding 6 months;
4
(c) detention for a period exceeding 6 months.
5
69B Punishments that may be imposed by a superior summary
6
authority
7
(1) A superior summary authority must not impose a punishment in
8
respect of a conviction except in accordance with this Part.
9
(2) The following table sets out punishments that may be imposed by a
10
superior summary authority for an offence (other than a custodial
11
offence). However, a superior summary authority may not impose
12
an elective punishment for a Schedule 1A offence other than in
13
accordance with subsection 131AA(8).
14
Note 1:
An elective punishment may only be imposed on the following
15
persons for a Schedule 1A offence if the person has been given an
16
opportunity to elect to be tried by a court martial or Defence Force
17
magistrate (see sections 131 and 131AA):
18
(a) a defence member who holds a rank of, or below, lieutenant
19
commander, major or squadron leader;
20
(b) a person who is not a defence member.
21
An election is not required to be given under section 131 to defence
22
members above those ranks.
23
Note 2:
Custodial punishments may be imposed instead of the punishments in
24
the following table for certain non-custodial service offences. For
25
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
32
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
custodial offences and custodial punishments, see sections 68A and
1
68C.
2
3
Punishments that may be imposed by a superior summary authority
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
1
Defence member who is
an officer:
(a) in the Navy--of or
below the rank of rear
admiral but not below
the rank of
commander; or
(b) in the Army--of or
below the rank of
major-general but not
below the rank of
lieutenant colonel; or
(c) in the Air Force--of
or below the rank of
air vice-marshal but
not below the rank of
wing commander
Forfeiture of seniority
Fine not exceeding the
amount of the
convicted person's pay
for 14 days
Severe reprimand
Reprimand
Not applicable
2
Defence member who is
an officer:
(a) in the Navy--of the
rank of lieutenant
commander; or
(b) in the Army--of the
rank of major; or
(c) in the Air Force--of
the rank of squadron
leader
Fine not exceeding the
amount of the
convicted person's pay
for 7 days
Severe reprimand
Reprimand
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
3
Junior officer
Fine not exceeding the
amount of the
convicted person's pay
for 7 days
Severe reprimand
Extra duties for a
period not exceeding 7
days
Reduction in rank by
one rank
Forfeiture of seniority
Fine exceeding the
amount of the
convicted person's
pay for 7 days but not
exceeding the amount
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
33
Punishments that may be imposed by a superior summary authority
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
Reprimand
of the convicted
person's pay for 14
days
4
Officer cadet
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
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
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
5
Defence member who
holds a rank of:
(a) warrant officer; or
(b) non-commissioned
officer
Fine not exceeding the
amount of the
convicted person's pay
for 7 days
Severe reprimand
Extra duties for a
period not exceeding 7
days
Reprimand
Reduction in rank by:
(a) one rank; or
(b) if the member is a
corporal in the
Army--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
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
34
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Punishments that may be imposed by a superior summary authority
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
days
6
Member below
non-commissioned rank
who, at the time the
member committed the
service offence of which
the member has been
convicted, was on active
service
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
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
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
7
Member below
non-commissioned rank
who, at the time the
member committed the
service offence of which
the member has been
convicted, was not on
active service
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
Stoppage of leave for a
period not exceeding 7
days
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
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
35
Punishments that may be imposed by a superior summary authority
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
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
8
Person who is not a
defence member
Fine not exceeding 3
penalty units
Fine not exceeding 7
penalty units
Note:
For
active service
, see subsection 3(1).
1
69C Punishments that may be imposed by a commanding officer
2
(1) A commanding officer must not impose a punishment in respect of
3
a conviction except in accordance with this Part.
4
(2) The following table sets out punishments that may be imposed by a
5
commanding officer for an offence (other than a custodial offence).
6
However, a commanding officer may not impose an elective
7
punishment for a Schedule 1A offence other than in accordance
8
with subsection 131AA(8).
9
Note 1:
If the offence is a Schedule 1A offence, a commanding officer may
10
only impose an elective punishment on a person if the person has been
11
given an opportunity to elect to be tried by a court martial or Defence
12
Force magistrate, see sections 131 and 131AA.
13
Note 2:
Custodial punishments may be imposed instead for certain
14
non-custodial service offences. For custodial offences and custodial
15
punishments, see sections 68A and 68C.
16
17
Punishments that may be imposed by a commanding officer
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
1
Junior officer
Fine not exceeding the
amount of the
Fine exceeding the
amount of the
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
36
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Punishments that may be imposed by a commanding officer
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
convicted person's pay
for 7 days
Severe reprimand
Extra duties for a
period not exceeding 7
days
Reprimand
convicted person's
pay for 7 days but not
exceeding the amount
of the convicted
person's pay for 14
days
2
Officer cadet
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
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
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
3
Defence member who is
a warrant officer
Fine not exceeding the
amount of the
convicted person's pay
for 7 days
Severe reprimand
Extra duties for a
period not exceeding 7
days
Reprimand
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
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
37
Punishments that may be imposed by a commanding officer
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
4
Defence member who is
a non-commissioned
officer
Fine not exceeding the
amount of the
convicted person's pay
for 7 days
Severe reprimand
Extra duties for a
period not exceeding 7
days
Reprimand
Reduction in rank by:
(a) one rank; or
(b) if the member is a
corporal in the
Army--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
5
Member below
non-commissioned rank
who, at the time the
member committed the
service offence of which
the member has been
convicted, was on active
service
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
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
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
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
38
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Punishments that may be imposed by a commanding officer
Item
Column 1
Convicted person
Column 2
Standard punishment
Column 3
Elective punishment
6
Member below
non-commissioned rank
who, at the time the
member committed the
service offence of which
the member has been
convicted, was not on
active service
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
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
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
7
Person who is not a
defence member
Fine not exceeding 3
penalty units
Fine not exceeding 7
penalty units
Note:
For
active service
, see subsection 3(1).
1
24 Subsections 71(1), (2) and (3)
2
Omit "member of the Defence Force", substitute "defence member".
3
25 Subsections 79(1) and (2)
4
Omit "member of the Defence Force", substitute "defence member".
5
26 Paragraph 81(1)(a)
6
Omit "member of the Defence Force", substitute "defence member".
7
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
39
27 Paragraph 84(2)(a)
1
Omit "member of the Defence Force", substitute "defence member".
2
28 Subparagraph 87(1)(a)(iii)
3
Omit "summary authority", substitute "commanding officer".
4
29 After paragraph 87(1)(b)
5
Insert:
6
(ba) if the authorized member is the Director of Military
7
Prosecutions:
8
(i) if the person is a defence member--charge the defence
9
member with the service offence, cause a copy of the
10
charge to be given to the defence member and order the
11
defence member to appear before a superior summary
12
authority at a specified time and place to be dealt with
13
in accordance with section 109; or
14
(ii) whether or not the person is a defence member--cause
15
to be prepared a summons directed to the person
16
specifying the service offence that the person is alleged
17
to have committed and requiring the person to appear
18
before a superior summary authority at a time and place
19
specified in the summons to be dealt with in accordance
20
with section 109; or
21
30 Subparagraph 87(1)(c)(i)
22
Repeal the subparagraph.
23
31 Paragraph 87(1A)(a)
24
After "(b)", insert ", (ba)".
25
32 Paragraph 87(1A)(b)
26
Omit "and (b)", substitute ", (b) and (ba)".
27
33 Subsection 87(2)
28
Omit "shall", substitute "or subparagraph (1)(ba)(ii) must".
29
34 Subsection 103(1)
30
Omit "109(b)", substitute "109(1)(c)".
31
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
40
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
35 Paragraph 103(1)(a)
1
Omit "proceeded with;", substitute "proceeded with; or".
2
36 Paragraph 103(1)(b)
3
Repeal the paragraph, substitute:
4
(b) if the charge has not been referred under subsection 145(1) or
5
(3)--refer the charge to be dealt with by a summary authority
6
in accordance with section 109 or section 110; or
7
37 Subsection 103(1) (note 1)
8
Omit "paragraph 87(1)(c)", substitute "subsection 87(1)".
9
38 Subsection 105A(3)
10
Repeal the subsection (including the note), substitute:
11
(3) If a charge is referred to the Director of Military Prosecutions
12
under this section, the charge may only be dealt with by a summary
13
authority under section 109 or 110 in accordance with
14
paragraph 103(1)(b).
15
39 Section 106
16
Repeal the section, substitute:
17
106 Jurisdiction of superior summary authority
18
(1) A superior summary authority has jurisdiction to deal with any
19
charge against any person.
20
(2) A superior summary authority has jurisdiction to try a charge of a
21
service offence (other than a prescribed offence) against:
22
(a) a defence member who holds a rank of, or below, rear
23
admiral, major-general or air vice-marshal and who is:
24
(i) if the charge is tried while the member is on active
25
service--one or more ranks junior to the superior
26
summary authority; or
27
(ii) in any other case--2 or more ranks junior to the
28
superior summary authority; or
29
(b) a person who is not a defence member.
30
Note:
A superior summary authority may be disqualified from trying a
31
charge under subsection 108A(1).
32
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
41
40 Subsection 107(2)
1
Repeal the subsection (including the note), substitute:
2
(2) A commanding officer has jurisdiction to try a charge of a service
3
offence (other than a prescribed offence) against:
4
(a) a defence member who holds a rank of, or below, lieutenant
5
in the Navy, captain in the Army or flight lieutenant and who
6
is:
7
(i) if the charge is tried while the member is on active
8
service--one or more ranks junior to the commanding
9
officer; or
10
(ii) in any other case--2 or more ranks junior to the
11
commanding officer; or
12
(b) a person who is not a defence member.
13
Note:
A commanding officer may be disqualified from trying a charge under
14
subsection 108A(1).
15
41 Section 109
16
Repeal the section, substitute:
17
109 Dealing with a charge by superior summary authority
18
(1) In dealing with a charge, a superior summary authority may:
19
(a) where the charge is within the authority's jurisdiction to try
20
under subsection 106(2)--make a decision to try the charge
21
under that subsection; or
22
(b) where the charge is not within the authority's jurisdiction to
23
try under subsection 106(2) and the authority is of the
24
opinion that there is insufficient evidence to support the
25
charge--direct that the charge be not proceeded with; or
26
(c) in any case--refer the charge to the Director of Military
27
Prosecutions; or
28
(d) where it is desirable in the interests of justice or for any other
29
reason--refer the charge to be dealt with by another superior
30
summary authority.
31
Note:
A charge may be referred to the superior summary authority by:
32
(a) the Director of Military Prosecutions under paragraph 87(1)(ba)
33
or 103(1)(b); or
34
(b) a commanding officer under paragraph 110(1)(c); or
35
Schedule 2
Summary authorities
Part 2
Jurisdiction and punishments
42
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(c) another superior summary authority under paragraph (d) of this
1
subsection.
2
(2) A superior summary authority may refer a charge under
3
paragraph (1)(c) whether or not the charge is within the authority's
4
jurisdiction to try under subsection 106(2).
5
42 Paragraph 110(1)(d)
6
Before "refer", insert "in any case--".
7
43 At the end of subsection 110(1)
8
Add:
9
Note:
A charge may be referred to the commanding officer by:
10
(a) an authorized member of the Defence Force (who may be the
11
Director of Military Prosecutions, see the definition of
12
authorized member of the Defence Force
in subsection 87(6))
13
under paragraph 87(1)(a) or (b); or
14
(b) the Director of Military Prosecutions under paragraph 103(1)(b);
15
or
16
(c) another commanding officer under paragraph (e) of this
17
subsection.
18
44 Paragraph 112(a)
19
Before "110(1)(c)", insert "109(1)(d) or".
20
45 Subsection 131(1)
21
Omit "superior summary authority, or a commanding officer,",
22
substitute "summary authority".
23
46 Subsection 131(3) (note 4)
24
Repeal the note, substitute:
25
Note 3:
For elective punishments that may be imposed by a summary
26
authority for a Schedule 1A offence, see sections 69B and 69C.
27
47 Section 131A
28
Omit "superior summary authority or commanding officer" (first
29
occurring), substitute "summary authority".
30
48 Section 131A
31
Omit "superior summary authority or commanding officer, as the case
32
may be, shall", substitute "summary authority must".
33
Summary authorities
Schedule 2
Jurisdiction and punishments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
43
49 Paragraph 144(4)(c)
1
After "103,", insert "109".
2
50 Paragraph 172(2)(d)
3
Omit "member of the Defence Force that exceeds the amount of his or
4
her", substitute "defence member that exceeds the amount of the
5
defence member's".
6
51 Paragraph 197(2)(a)
7
Omit "member of the Defence Force", substitute "defence member".
8
52 Schedules 2, 3 and 3A
9
Repeal the Schedules.
10
Schedule 2
Summary authorities
Part 3
Transitional provisions
44
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Part 3--Transitional provisions
1
53 Definitions
2
In this Part:
3
commencement time
means the time this item commences.
4
new law
means the
Defence Force Discipline Act 1982
as amended by
5
this Schedule.
6
54 New law applies to service offences committed at or after
7
the commencement time
8
The new law applies in relation to a service offence committed, or
9
alleged to have been committed, by a person at or after the
10
commencement time.
11
55 Application of new law to charges at or after
12
commencement time for service offences committed
13
before the commencement time
14
(1)
Subject to subitems (2) and (3), the new law also applies in relation to a
15
service offence if:
16
(a) the offence was committed, or alleged to have been
17
committed, by a person before the commencement time; and
18
(b) the person had not been charged with the offence under the
19
Defence Force Discipline Act 1982
before the
20
commencement time.
21
New punishments etc. do not apply
22
(2)
The following provisions of the new law do not apply in relation to the
23
service offence:
24
(a) the definition of
active service
in subsection 3(1);
25
(b) the definition of
elective punishment
subsection 3(1);
26
(c) the definition of
member below non-commissioned rank
in
27
subsection 3(1);
28
(d) subparagraph 68(1)(h)(i);
29
(e) sections 69A, 69B and 69C;
30
(f) subsections 71(1) and (3).
31
Summary authorities
Schedule 2
Transitional provisions
Part 3
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
45
Old punishments etc. continue to apply
1
(3)
Despite the amendments of the
Defence Force Discipline Act 1982
2
made by this Schedule, the following provisions of that Act continue to
3
apply, as if those amendments had not been made, in relation to the
4
service offence:
5
(a) the definition of
active service
in subsection 3(1);
6
(b) the definition of
elective punishment
subsection 3(1);
7
(c) the definition of
member below non-commissioned rank
in
8
subsection 3(1);
9
(d) section 67;
10
(e) subparagraph 68(1)(h)(i);
11
(f) subsections 71(1) and (3);
12
(g) Schedules 2, 3 and 3A (as modified by any regulations, in
13
force immediately before the commencement time, made
14
under that Act for the purposes of paragraph 6(2)(b) of that
15
Act).
16
56 Old law continues to apply to charges before the
17
commencement time
18
Despite the amendments of the
Defence Force Discipline Act 1982
19
made by this Schedule, that Act continues to apply, as if those
20
amendments had not been made, in relation to a service offence if:
21
(a) the offence was committed, or alleged to have been
22
committed, by a person before the commencement time; and
23
(b) the person had been charged with the offence under the
24
Defence Force Discipline Act 1982
before the
25
commencement time.
26
57 Certain instruments made for the purposes of the old law
27
to apply for purposes of new law
28
Active service
29
(1)
A declaration that was:
30
(a) made under subsection 4(1) of the
Defence Force Discipline
31
Act 1982
; and
32
(b) in force immediately before the commencement time;
33
Schedule 2
Summary authorities
Part 3
Transitional provisions
46
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
has effect, at and after the commencement time, as if it had been made
1
for the purposes of subsection 4(1) of the new law.
2
Consequences of punishments
3
(2)
Rules that were:
4
(a) made under subsection 68(2) of the
Defence Force Discipline
5
Act 1982
; and
6
(b) in force immediately before the commencement time;
7
have effect, at and after the commencement time, as if the rules had
8
been made for the purposes of subsection 68(2) of the new law.
9
Manner of summons
10
(3)
Regulations that were:
11
(a) made for the purposes of subsection 87(2) of the
Defence
12
Force Discipline Act 1982
; and
13
(b) in force immediately before the commencement time;
14
have effect, at and after the commencement time, as if the regulations
15
had been made for the purposes of subsection 87(2) of the
new law.
16
Appointment of superior summary authorities
17
(4)
An instrument that was:
18
(a) made under subsection 105(1) of the
Defence Force
19
Discipline Act 1982
; and
20
(b) in force immediately before the commencement time;
21
has effect, at and after the commencement time, as if it had been made
22
for the purposes of section 105 of the new law.
23
Regulations
24
(5)
The amendment of paragraph 197(2)(a) of the
Defence Force Discipline
25
Act 1982
made by this Schedule does not affect the continuity of any
26
regulations made under that Act that were in force immediately before
27
the commencement time.
28
Service offences
Schedule 3
New service offences
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
47
Schedule 3--Service offences
1
Part 1--New service offences
2
Defence Force Discipline Act 1982
3
1 After section 35
4
Insert:
5
35A Failure to perform duty or carry out activity
6
(1) A defence member commits an offence if:
7
(a) the member's office or appointment, or the requirements of
8
the Defence Force, require the member to perform a duty or
9
carry out an activity; and
10
(b) the member fails to perform the duty or carry out the activity.
11
Maximum punishment:
Dismissal from the Defence Force.
12
(2) Strict liability applies to paragraph (1)(b).
13
Defence
14
(3) Subsection (1) does not apply if the member has a reasonable
15
excuse.
16
Note:
A defendant bears an evidential burden in relation to the matter in
17
subsection (3) (see subsection 13.3(3) of the
Criminal Code
).
18
2 After Division 5A of Part III
19
Insert:
20
Division 5B--Cyber-bullying offences
21
48A Cyber-bullying
22
(1) A defence member commits an offence if:
23
(a) the member uses a social media service or relevant electronic
24
service; and
25
Schedule 3
Service offences
Part 1
New service offences
48
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(b) the member does so in a way that a reasonable person would
1
regard as offensive or as threatening, intimidating, harassing
2
or humiliating another person.
3
Maximum punishment:
Imprisonment for 2 years.
4
(2) For the purposes of subsection (1):
5
(a)
social media service
means a social media service within the
6
meaning of section 9 of the
Enhancing Online Safety Act
7
2015
but includes an exempt service (within the meaning of
8
that section); and
9
(b)
relevant electronic service
has the same meaning as in the
10
Enhancing Online Safety Act 2015
.
11
48B Failure to comply with removal order
12
(1) A defence member commits an offence if:
13
(a) a removal order applies to the member; and
14
(b) the member fails to comply with the removal order.
15
Maximum punishment:
Imprisonment for 2 years.
16
(2) Subsection (1) does not apply if it is not reasonably practicable for
17
the member to comply with the order.
18
Note 1:
The defendant bears an evidential burden in relation to the matter in
19
subsection (2). See subsection 13.3(3) of the
Criminal Code
.
20
Note 2:
A service tribunal may make a removal order if the member is
21
convicted of an offence against section 48A.
22
3 After section 56
23
Insert:
24
56A Failure to comply with requirement to notify change in
25
circumstances
26
(1) A defence member or a defence civilian (the
recipient
) commits an
27
offence if:
28
(a) the recipient receives a benefit arising out of, or based on, the
29
recipient's membership of, or service in or in connection
30
with, the Defence Force; and
31
Service offences
Schedule 3
New service offences
Part 1
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
49
(b) the recipient is required as a condition of receiving that
1
benefit to notify a person of a change in circumstances
2
relating to the recipient's entitlement to the benefit; and
3
(c) the recipient fails to comply with that requirement.
4
Maximum punishment:
Imprisonment for 6 months.
5
(2) Strict liability applies to paragraph (1)(c).
6
(3) For the purposes of subsection (1),
benefit
:
7
(a) means:
8
(i) a grant; or
9
(ii) a payment; or
10
(iii) an allotment of money; or
11
(iv) an allowance; or
12
(v) a leave of absence; or
13
(vi) any other benefit or advantage; and
14
(b) is not limited to property.
15
4 Subparagraph 68C(2)(a)(i)
16
After "43,", insert "48A,".
17
5 After section 84
18
Insert:
19
84A Removal order--cyber-bullying offence
20
(1) Where:
21
(a) a person is convicted by a service tribunal of an offence
22
against subsection 48A(1) (cyber-bullying); and
23
(b) the offence involved providing material on a social media
24
service or relevant electronic service (within the meaning of
25
section 6 of the
Enhancing Online Safety Act 2015
);
26
the tribunal may, instead of, or in addition to, imposing a
27
punishment or making an order under subsection 75(1), make an
28
order under subsection (2).
29
(2) The tribunal may order the person to take reasonable action to
30
remove, retract, recover, delete or destroy the material.
31
Schedule 3
Service offences
Part 1
New service offences
50
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
(3) This section applies in relation to a service offence that has been
1
taken into consideration by a service tribunal under section 77 in
2
determining the appropriate punishment for a service offence of
3
which a person has been convicted by the tribunal as if the tribunal
4
had convicted the person of the service offence so taken into
5
consideration.
6
Note:
Failure to comply with an order under this section is an offence: see
7
section 48B.
8
6 Schedule 1A (after table item 9)
9
Insert:
10
9A
Subsection 35A(1)
Failure to perform duty or carry out activity
7 Schedule 1A (after table item 10)
11
Insert:
12
10A
Subsection 48A(1)
Cyber-bullying
10B
Subsection 48B(1)
Failure to comply with removal order
Service offences
Schedule 3
Consequential amendments
Part 2
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
51
Part 2--Consequential amendments
1
Defence Force Discipline Act 1982
2
8 Subsection 3(1)
3
Insert:
4
removal order
means an order under subsection 84A(2).
5
9 Subsection 66(2)
6
After "reparation order", insert ", a removal order".
7
10 Subsection 172(3)
8
Omit "or a reparation order", substitute ", a reparation order or a
9
removal order".
10
Defence Force Discipline Appeals Act 1955
11
11 Section 38 (heading)
12
Repeal the heading, substitute:
13
38 Restitution orders, reparation orders and removal orders
14
12 Section 38
15
Omit "or reparation order", substitute ", reparation order or removal
16
order".
17
Schedule 3
Service offences
Part 3
Transitional provisions
52
Defence Legislation Amendment (Discipline Reform) Bill 2021
No. , 2021
Part 3--Transitional provisions
1
13 Definitions
2
In this Part:
3
commencement time
means the time this item commences.
4
14 Application of new service offences
5
(1)
Section 35A of the
Defence Force Discipline Act 1982
as inserted by
6
this Schedule applies in relation to a failure that occurs at or after the
7
commencement time.
8
(2)
Division 5B of Part IIIA of the
Defence Force Discipline Act 1982
as
9
inserted by this Schedule applies in relation to conduct engaged in at or
10
after the commencement time.
11
(3)
Section 56A of the
Defence Force Discipline Act 1982
as inserted by
12
this Schedule applies in relation to a failure that occurs at or after the
13
commencement time including in relation to:
14
(a) a benefit received before, at or after the commencement time;
15
and
16
(b) a condition of receiving a benefit that existed before, at or
17
after the commencement time.
18
Contingent amendments
Schedule 4
No. , 2021
Defence Legislation Amendment (Discipline Reform) Bill 2021
53
Schedule 4--Contingent amendments
1
2
Defence Force Discipline Act 1982
3
1 Paragraph 48A(2)(a)
4
Omit "section 9 of the
Enhancing Online Safety Act 2015
", substitute
5
"section 13 of the
Online Safety Act 2021
".
6
2 Paragraph 48A(2)(b)
7
Repeal the paragraph, substitute:
8
(b)
relevant electronic service
means a relevant electronic
9
service within the meaning of section 13A of the
Online
10
Safety Act 2021
but includes an exempt service (within the
11
meaning of that section).
12
3 Paragraph 84A(1)(b)
13
Omit "section 6 of the
Enhancing Online Safety Act 2015
", substitute
14
"section 10 of the
Online Safety Act 2021
".
15