Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A commanding officer must review a decision by a senior discipline officer under paragraph 9FB(1)(a) to impose a punishment on a prescribed defence member in relation to a disciplinary infringement.
Note: For the conferral of powers of a commanding officer under this Part, see section 5.
(2) As soon as practicable after the decision is made by the senior discipline officer, the commanding officer must make one of the following decisions:
(a) a decision to confirm the senior discipline officer's decision to impose the punishment;
(b) a decision to substitute the senior discipline officer's decision with a decision that:
(i) a reduced punishment is imposed; or
(ii) no punishment is imposed; or
(iii) the infringement is dismissed and no punishment is imposed.
Note: Regardless of whether the decision is confirmed or substituted, the prescribed defence member has been dealt with under the infringement scheme in relation to the infringement: see subsection 9C(3).
(3) A reduced punishment is:
(a) if the punishment is for or relates to a period--the same punishment for or relating to a lesser period; or
(b) if the punishment is a fine--a lower fine; or
(c) any other punishment that occurs after that punishment in column 2 of item 2 of the table in subsection 9FB(2).
(4) A substituted decision takes effect at the time specified in the decision, which may be a time before the substituted decision is made.
(5) This section has effect subject to subsection 9J(4).