(1) The Military Judge may, at any stage in the proceedings, adjourn the proceedings, if it appears to the Military Judge that it is necessary to do so.
(2) An adjournment under subrule (1) may be made generally, or to a day specified by the Military Judge, and on such terms as the Military Judge orders.
(3) A general adjournment must be listed or relisted by the Registrar no later than 12 months after the adjournment.
Schedule 1 Statement of offences
(subrule 14 (4))
Part 1 Offences against Defence Force Discipline Act 198 2
Item |
Provision |
Offence |
1 |
Abandoning or surrendering a (place) (post) (service ship) (service aircraft) (service armoured vehicle) |
|
2 |
section 15A |
Causing the capture or destruction of a (service ship) (service aircraft) (service armoured vehicle) |
3 |
section 15B |
Aiding the enemy while captured |
4 |
section 15C |
Providing the enemy with material assistance |
5 |
section 15D |
Harbouring enemies |
6 |
subparagraph 15E (1) (b) (i) |
Giving false communication |
7 |
subparagraph 15E (1) (b) (ii) |
Altering or interfering with communication |
8 |
subparagraph 15E (1) (b) (iii) |
Altering or interfering with apparatus for giving or receiving communication |
9 |
section 15F |
Failing to carry out orders |
10 |
section 15G |
Imperilling the success of operations |
11 |
Communicating with the enemy |
|
12 |
section 16A |
Failing to report information received from the enemy |
13 |
section 16B |
Committing the offence of [name of offence against section 15 to 16A (other than section 15B or 15C)] with intent to assist the enemy |
14 |
paragraph 17 (1) (a) |
Leaving (post) (position) (place) in connection with operations |
15 |
paragraph 17 (1) (b) |
Abandoning (weapons) (other equipment) in connection with operations |
16 |
paragraph 17 (1) (c) |
Failing to properly perform duty in attacking or defending against the enemy |
17 |
subsection 18 (1) |
Endangering morale |
18 |
subsection 18 (2) |
Endangering morale in connection with operations |
19 |
subsection 19 (1) |
Failing to rejoin force |
20 |
subsection 19 (2) |
Preventing another rejoining (his) (her) force |
21 |
subsection 19 (3) |
Securing favourable treatment to detriment of others |
22 |
subsection 19 (4) |
Ill treating other persons over whom member has authority |
23 |
subsection 20 (1) |
Mutiny |
24 |
subsection 20 (2) |
Mutiny in connection with service against enemy |
25 |
subsection 21 (1) |
Failing to suppress mutiny |
26 |
subsection 21 (2) |
Failing to suppress mutiny in connection with service against enemy |
27 |
subsection 22 (1) |
Absence from place of duty with intention to avoid active service |
28 |
subsection 22 (2) |
Absence without leave with intention to avoid active service |
29 |
subsection 23 (1) |
Absence from duty -- failure to attend |
30 |
subsection 23 (2) |
Absence from duty -- ceasing to perform |
31 |
Absence without leave |
|
32 |
Assaulting a superior officer |
|
33 |
subsection 26 (1) |
Engaging in (threatening) (insubordinate) (insulting) conduct |
34 |
subsection 26 (2) |
Using (threatening) (insubordinate) (insulting) language |
35 |
Disobeying lawful command |
|
36 |
Failing to comply with direction of person in command of (service ship) (service aircraft) (service vehicle) |
|
37 |
Failing to comply with general order |
|
38 |
subsection 30 (1) |
Assaulting a guard |
39 |
subsection 30 (2) |
Assaulting a guard in connection with operations against the enemy |
40 |
subsection 31 (1) |
Obstructing a police member |
41 |
subsection 31 (2) |
Refusing to assist a police member |
42 |
paragraph 32 (1) (a) |
Sleeping (at post) (on watch) while on (guard duty) (watch) |
43 |
paragraph 32 (1) (b) |
Sleeping on duty while on (guard duty) (watch) |
44 |
paragraph 32 (1) (c) |
Being intoxicated while on (guard duty) (watch) |
45 |
paragraph 32 (1) (d) |
(Leaving post) (absence from place of duty) while on (guard duty) (watch) |
46 |
subsection 32 (3) |
Committing the offence of [name of offence against paragraph 32 (1) (a), (b), (c) or (d)] in connection with service against enemy |
47 |
paragraph 33 (a) |
Assaulting another person (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
48 |
paragraph 33 (b) |
Creating a disturbance (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
49 |
paragraph 33 (c) |
Engaging in obscene conduct (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
50 |
paragraph 33 (d) |
Using (insulting) (provocative) words (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
51 |
Assaulting a subordinate |
|
52 |
Negligent performance of duty |
|
53 |
subsection 36 (1) |
Dangerous conduct with knowledge of consequences |
54 |
subsection 36 (2) |
Dangerous conduct with recklessness as to consequences |
55 |
subsection 36 (3) |
Dangerous conduct with negligence as to consequences |
56 |
section 36A |
Unauthorised discharge of weapon |
57 |
section 36B |
Negligent discharge of weapon |
58 |
Being intoxicated (while on duty) (if reporting for duty) (if required to report for duty) |
|
59 |
paragraph 38 (1) (a) |
Malingering -- self injury |
60 |
paragraph 38 (1) (b) |
Malingering -- prolonging sickness or disability |
61 |
subsection 38 (2) |
Malingering -- falsely representing oneself as suffering from physical or mental condition |
62 |
subsection 39 (1) |
Intentionally causing (loss of) (stranding of) (hazarding of) service ship |
63 |
subsection 39 (2) |
Recklessly causing (loss of) (stranding of) (hazarding of) service ship |
64 |
subsection 39 (3) |
Negligently causing (loss of) (stranding of) (hazarding of) service ship |
65 |
subsection 40 (1) |
Driving a service vehicle while intoxicated |
66 |
subsection 40 (2) |
Driving a vehicle on service land while intoxicated |
67 |
subsection 40A (1) |
Dangerous driving of a service vehicle |
68 |
subsection 40A (2) |
Dangerous driving of a vehicle on service land |
71 |
paragraph 40C (1) (a) |
Driving a service vehicle while not authorised |
72 |
paragraph 40C (1) (b) |
Using a service vehicle for an unauthorised purpose |
73 |
subsection 40D (1) |
Driving a service vehicle without due care and attention or without reasonable consideration |
74 |
subsection 40D (2) |
Driving a vehicle on service land without due care and attention or without reasonable consideration |
75 |
Flying a service aircraft below the minimum height |
|
76 |
Giving inaccurate certification to a matter affecting a (service ship) (service aircraft) (service vehicle) (service missile) (service weapon) |
|
77 |
subsection 43 (1) |
Intentionally (destroying) (damaging) service property |
78 |
subsection 43 (2) |
Recklessly (destroying) (damaging) service property |
79 |
subsection 43 (3) |
Negligently (destroying) (damaging) service property |
80 |
Losing service property |
|
81 |
Unlawful possession of service property |
|
82 |
Possession of property suspected of having been unlawfully obtained |
|
83 |
section 47C |
Theft |
84 |
section 47P |
Receiving stolen property |
85 |
subsection 48 (1) |
Looting |
86 |
subsection 48 (2) |
Receiving looted property |
87 |
Refusing to submit to arrest |
|
88 |
section 49A |
Assault against arresting person |
89 |
subsection 50 (1) |
Delaying or denying justice by failing to take action to have charge dealt with |
90 |
subsection 50 (2) |
Delaying or denying justice by failing to take action to (release) (order release) of a person |
91 |
Escaping from custody |
|
92 |
Giving false evidence before the Australian Military Court |
|
93 |
subparagraph 53 (1) (b) (i) |
Failing to appear before the Australian Military Court as required by (summons) (order) |
94 |
subparagraph 53 (1) (b) (ii) |
Failing to appear and report if not excused by the Australian Military Court |
95 |
paragraph 53 (2) (a) |
Refusing to take an oath or make an affirmation before the Australian Military Court |
96 |
paragraph 53 (2) (b) |
Refusing to answer a question before a the Australian Military Court |
97 |
paragraph 53 (2) (c) |
Refusal to produce a document required by (summons) (order) before the Australian Military Court |
98 |
paragraph 53 (4) (a) |
Insulting a (member of a military jury) (Military Judge) (summary authority) |
99 |
paragraph 53 (4) (b) |
Interrupting proceedings of the Australian Military Court |
100 |
paragraph 53 (4) (c) |
Creating a disturbance (in) (near) the Australian Military Court |
101 |
paragraph 53 (4) (d) |
Engaging in conduct that would constitute contempt of the Australian Military Court |
102 |
subsection 54 (1) |
Intentionally allowing a person in custody to escape |
103 |
subsection 54 (2) |
Unlawfully releasing a person in custody |
104 |
subsection 54 (3) |
Facilitating escape of a person in custody |
105 |
subsection 54 (4) |
Conveying a thing into place of confinement with intent to facilitate escape of a person |
106 |
paragraph 54A (1) (a) |
Detainee making unnecessary noise |
107 |
paragraph 54A (1) (b) |
Detainee committing a nuisance |
108 |
paragraph 54A (1) (c) |
Detainee being (idle) (careless) (negligent) at work |
109 |
paragraph 54A (1) (d) |
Detainee unlawfully communicating with another person |
110 |
paragraph 54A (1) (e) |
Detainee unlawfully (giving) (receiving) any thing |
111 |
paragraph 54A (1) (f) |
Detainee unlawfully being in possession of any thing |
112 |
paragraph 54A (1) (g) |
Detainee unlawfully (entering) (leaving) cell |
113 |
subsection 54A (2) |
Detainee failing to comply with a condition of grant of leave of absence |
114 |
subsection 54A (6) |
Aiding, abetting etc the commission of [name of offence against subsection 54A (1) or (2)] |
115 |
paragraph 55 (1) (a) |
(Making) (signing) false service document |
116 |
paragraph 55 (1) (b) |
Making false entry in service document |
117 |
paragraph 55 (1) (c) |
Altering a service document |
118 |
paragraph 55 (1) (d) |
(Suppressing) (defacing) (making away with) (destroying) a service document |
119 |
paragraph 55 (1) (e) |
Failing to make an entry in a service document |
120 |
subsection 56 (1) |
Knowingly making false or misleading statement in relation to application for benefit |
121 |
subsection 56 (4) |
Recklessly making false or misleading statement in relation to application for benefit |
122 |
paragraph 57 (1) (a) |
Person giving false answer to a question in a document relating to appointment or enlistment |
123 |
paragraph 57 (1) (b) |
Person giving false information or document in relation to appointment or enlistment |
124 |
paragraph 57 (1) (c) |
Person failing to disclose prior service |
125 |
paragraph 57 (2) (a) |
Member giving false answer to question in a document relating to appointment or enlistment |
126 |
paragraph 57 (2) (b) |
Member giving false information or document in relation to appointment or enlistment |
127 |
paragraph 57 (2) (c) |
Member failing to disclose prior service |
128 |
Unauthorised disclosure of information |
|
129 |
subsection 59 (1) |
(Selling) (dealing) (trafficking) in narcotic goods outside Australia |
130 |
subsection 59 (3) |
Possession of narcotic goods outside Australia |
131 |
subsection 59 (5) |
Self administering narcotic goods other than cannabis outside Australia |
132 |
subsection 59 (6) |
Using cannabis |
133 |
subsection 59 (7) |
Possession of cannabis in Australia |
134 |
Prejudicial conduct |
|
135 |
subsection 61 (1) |
Engaging in conduct in the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
136 |
subsection 61 (2) |
Engaging in conduct in a public place outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
137 |
subsection 61 (3) |
Engaging in conduct outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
138 |
Commanding or ordering commission of service offence |
|
139 |
subsection 101QA (1) |
Failing to submit to medical examination |
140 |
subsection 101QA (2) |
Failing to submit to the taking of a specimen |
Part 2 Offences against Defence Force Discipline Regulations 1985
Item |
Provision |
Offence |
1 |
subregulation 25B (2) |
(Tampering with) (causing damage to) radar device |
Part 3 Offences against Criminal Code
Item |
Provision |
Offence |
1 |
section 11.1 |
Attempt to commit [name of offence against the Defence Force Discipline Act 1982 or Defence Force Discipline Regulations 1985 ] |
2 |
section 11.2 |
Aiding, abetting etc the commission of [name of offence against the Defence Force Discipline Act 1982 (other than subsection 54A (1) or (2)) or Defence Force Discipline Regulations 1985 ] |
3 |
section 11.3 |
Procuring conduct of another person that would have constituted the offence of [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985 ] on the part of procurer |
4 |
section 11.4 |
Incitement to [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985 ] |
5 |
section 11.5 |
Conspiracy to commit [name of offence against the Defence Force Discipline Act 1982 and Defence Force Discipline Regulations 1985 ] |
Form 1 Seal of the Australian Military Court
(subrule 5 (1))
(subrule 13 (4))
CHARGE SHEET
Insert Accused Service Details , a member of the Royal Australian Navy / Australian Army / Royal Australian Air Force and at the time of the offence/s specified in the following charge/s a defence member under the Defence Force Discipline Act 1982 , is charged as follows:
First charge
Defence Force Discipline Act 1982, |
Engaging in conduct outside the Jervis Bay Territory that is a Territory offence, being the offence of inflicting actual bodily harm
Insert particulars of the offence
|
Second charge
Defence Force Discipline Act 1982 , paragraph 33 (a)
|
Assaulting another person on service land etc
Insert particulars of the offence. |
... ... ... ... ... ... ... ... ... ... ... ... ... ... .
Signed
Director of Military Prosecutions
Dated