Commonwealth Numbered Regulations

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AUSTRALIAN MILITARY COURT RULES 2007 (SLI NO 360 OF 2007) - REG 70

Adjournments

         (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

section 15

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

section 16

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

section 24

Absence without leave

32

section 25

Assaulting a superior officer

33

subsection 26 (1)

Engaging in (threatening) (insubordinate) (insulting) conduct

34

subsection 26 (2)

Using (threatening) (insubordinate) (insulting) language

35

section 27

Disobeying lawful command

36

section 28

Failing to comply with direction of person in command of (service ship) (service aircraft) (service vehicle)

37

section 29

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

section 34

Assaulting a subordinate

52

section 35

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

section 37

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

section 41

Flying a service aircraft below the minimum height

76

section 42

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

section 44

Losing service property

81

section 45

Unlawful possession of service property

82

section 46

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

section 49

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

section 51

Escaping from custody

92

section 52

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

section 58

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

section 60

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

section 62

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 ]

Schedule 2         Forms

Form 1         Seal of the Australian Military Court

(subrule 5 (1))

 

 

 

 

Form 2         Charge sheet

(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,
subsection 61(3) and Crimes Act 1900 (ACT), section 23

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




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