DEFENCE FORCE DISCIPLINE ACT 1982

Commonwealth Numbered Acts

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DEFENCE FORCE DISCIPLINE ACT 1982

TABLE OF PROVISIONS

1. Short title.
2. Commencement
3. Interpretation
4. Declaration of active service for disciplinary purposes
5. Commanding officers for disciplinary purposes
6. Further provision with respect to certain members of Defence Force
7. Prisoners of war
8. Extension to external Territories
9. Extra-territorial operation of Act
10. Common law to apply in relation to service offences
11. Recklessness and negligence in relation to a member of the Defence Force
12. Onus of proof and standard of proof
13. Diminished responsibility
14. Act or omission in execution of law, &c.
15. Aiding enemy
16. Communication with enemy
17. Leaving post, &c.
18. Endangering morale
19. Behaviour after capture by enemy
20. Mutiny
21. Failure to suppress mutiny
22. Desertion
23. Absence from duty
24. Absence without leave
25. Assault on superior officer
26. Insubordinate behaviour with respect to superior officer
27. Disobedience of command
28. Failure to comply with direction of person in command
29. Failure to comply with general order
30. Assault on a guard
31. Obstruction of service policeman
32. Person on guard or on watch
33. Assault, insulting or provocative words, &c.
34. Assault on inferior
35. Negligent performance of duty
36. Dangerous behaviour
37. Drunkenness on duty, &c.
38. Malingering
39. Loss of, or hazard to, service ship
40. Use of vehicles, &c.
41. Low flying
42. Inaccurate certification in relation to ships, &c.
43. Destruction of, or damage to, service property
44. Loss of service property
45. Unlawful possession of service property
46. Possession of property suspected of having been unlawfully obtained
47. Stealing and receiving
48. Looting
49. Resisting arrest
50. Delay or denial of justice
51. Escape from custody
52. False evidence
53. Contempt, &c., of service tribunal
54. Unlawful release, &c., of person in custody
55. Falsification of service documents
56. False statement in relation to application for benefit
57. False statement in relation to appointment or enlistment
58. Unauthorized disclosure of information
59. Dealing in, or possessing, narcotic goods
60. Prejudicial behaviour
61. Other offences
62. Commanding or ordering commission of service offence
63. Consent for proceedings for certain offences
64. Punishment for ancillary offences
65. Maximum punishment for old system offence
66. Punishment or order to be in respect of a particular conviction
67. Authorized punishments
68. Scale of punishments
69. Punishment not to be more severe than maximum punishment
70. Sentencing principles
71. Restrictions on power to impose punishments
72. Application of Commonwealth Prisoners Act
73. Imposition of fines
74. Concurrent or cumulative punishments
75. Conviction without punishment
76. Breach of undertaking to be of good behaviour
77. Taking other offences into consideration
78. Suspension of detention
79. Suspension of fines
80. Revocation of suspension of punishment
81. Remission of suspended punishment
82. Remission of punishment of detention on imprisonment
83. Restitution orders
84. Reparation orders
85. Payment of fines
86. Interpretation
87. Summons and order in the nature of summons
88. Arrest, summons, &c., where accused person not present at hearing before service tribunal
89. Arrest without warrant
90. Arrest under warrant
91. Power to enter to make arrest
92. Use of force in making arrest
93. Persons to be informed of grounds of arrest
94. Civil detention of arrested person
95. Avoidance of delay after arrest
96. Time limitation on charges
97. Release from custody
98. Suspension from duty on suspicion of offence, &c.
99. Suspension from duty after conviction
100. Effect of custody or suspension from duty
101. Application of Criminal Investigation Act 1982
102. Appointment of convening authorities
103. Courses open to convening authority
104. Interpretation
105. Appointment of certain summary authorities
106. Jurisdiction of superior summary authority
107. Jurisdiction of commanding officer
108. Jurisdiction of subordinate summary authority
109. Dealing with a charge by superior summary authority
110. Dealing with a charge by commanding officer
111. Dealing with a charge by subordinate summary authority
112. Discontinuance
113. Powers of officer in command of detachment
114. Types of court martial
115. Jurisdiction of court martial
116. Eligibility to be member of court martial
117. Eligibility to be judge advocate
118. Biased members or judge advocate not to be appointed
119. Convening order
120. Convening order to be notified to accused person
121. Objection on ground of ineligibility, &c.
122. Notification of belief of bias
123. Substitution of members, &c.
124. Replacement of members, &c.
125. Dissolution of court martial
126. Inability to attend after plea
127. Appointment of Defence Force magistrates
128. Oath or affirmation of Defence Force magistrate
129. Jurisdiction and powers of Defence Force magistrate
130. Trial by summary authority
131. Election of trial or punishment
132. Trial by court martial
133. Determination of questions by court martial
134. Powers of judge advocate
135. Trial by Defence Force magistrate
136. Representatives of parties before court martial or Defence Force magistrate
137. Representation of accused person
138. Procedural powers
139. Accused person to be present at hearing
140. Public hearings
141. Applications and objections
142. Alternative offences
143. Condonation no bar to proceedings
144. Previous acquittal or conviction
145. Unsoundness of mind
146. Rules of evidence
147. Judicial notice of service matters
148. Record of proceedings to be kept
149. Rules of procedure
150. Appointment of reviewing authorities
151. Preliminary automatic review by commanding officer
152. Automatic review by reviewing authority
153. Review on petition to reviewing authority
154. Report to be obtained before commencement of review
155. Further review by chief of staff
156. Effect on reviews of appeals to Defence Force Discipline Appeal Tribunal
157. Interpretation
158. Quashing of conviction, &c.
159. Person deemed to have been acquitted
160. New trial
161. Substitution of conviction of alternative offence
162. Review of action under Part IV
163. Interpretation
164. Quashing of prescribed acquittal, &c.
165. Person deemed to have been acquitted
166. New trial
167. Interpretation
168. Approved punishment or order to take effect as determined
169. Punishments or orders not approved to be quashed or revoked
170. Warrants of commitment
171. Commencement of punishments and orders
172. Punishments and orders subject to approval
173. Suspension of operation of restitution orders and reparation orders
174. Recovery of fines, &c.
175. Evidence of fine, &c.
176. Stay of execution of punishment
177. Unlawful absence
178. Regulations relating to detention centres
179. Judge Advocate General and Deputy Judge Advocates General
180. Qualifications for appointment
181. Appointment of Judge as Judge Advocate General or Deputy Judge Advocate General not to affect tenure, &c.
182. Arrangement for appointment of the holder of a judicial office of a State or of the Northern Territory
183. Terms and conditions of appointment, &c.
184. Oath or affirmation of Judge Advocate General and Deputy Judge Advocate General
185. Remuneration, &c.
186. Termination of appointment
187. Resignation
188. Acting Judge Advocate General or Deputy Judge Advocate General
189. Royal prerogative of mercy
190. Jurisdiction of civil courts in relation to offences
191. Evidentiary certificate
192. Evidence of warrant of commitment
193. Protection of members of courts martial, &c.
194. Persons found to be of unsound mind
195. Supply of record of proceedings
196. Judge advocates' panel
197. Regulations
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6

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