Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 9F

Discipline officer

  (1)   A discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:

  (a)   the member has not been charged under this Act with an offence arising out of the infringement; and

  (b)   the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section   9C); and

  (c)   the member has not withdrawn the election; and

  (d)   the member is of a kind of prescribed defence member specified in the officer's instrument of appointment (see section   9H); and

  (e)   the member:

  (i)   holds the rank of officer cadet; or

  (ii)   if the member is a junior officer--is at least one rank junior to the discipline officer; or

  (iii)   otherwise--is at least 2 ranks junior to the officer; and

  (f)   the infringement is:

  (i)   a contravention of a minor disciplinary infringement provision; and

  (ii)   of a kind specified in the officer's instrument of appointment (see section   9H).

Senior discipline officer

  (2)   A senior discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:

  (a)   the member has not been charged under this Act with an offence arising out of the infringement; and

  (b)   the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section   9C); and

  (c)   the member has not withdrawn the election; and

  (d)   the member is of a kind of prescribed defence member specified in the officer's instrument of appointment (see section   9H); and

  (e)   the member is at least one rank junior to the officer; and

  (f)   the infringement is of a kind specified in the officer's instrument of appointment (see section   9H).

A discipline officer or senior discipline officer is not a service tribunal

  (3)   To avoid doubt, the exercise of jurisdiction by a discipline officer or senior discipline officer under this Part   is not the exercise of jurisdiction by a service tribunal.

Note:   For the meaning of service tribunal , see subsection   3(1).