Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A court martial or a Defence Force magistrate must not impose a punishment in respect of a conviction except in accordance with this Part.
(2) The following table sets out the punishments that may be imposed by a court martial or a Defence Force magistrate for an offence.
Note 1: Courts martial and Defence Force magistrates do not have jurisdiction to try custodial offences: see sections 115 and 129.
Note 2: Custodial punishments may be imposed instead of the punishments in the following table for certain non - custodial service offences: see section 68C.
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 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 must not impose any of the following punishments:
(a) imprisonment for life;
(b) imprisonment for a period exceeding 6 months;
(c) detention for a period exceeding 6 months.