Contents
- Part I Preliminary
- Part IA Disciplinary infringements
- Part II Criminal liability
- Part III Offences
- Part IV Punishments and orders
- Part V Summons, arrest, custody and suspension from duty
- Part VI Investigation of service offences
- Part VII Service tribunals
- Part VIII Procedure of service tribunals
- Part VIIIA Review of proceedings of service tribunal
- Part X Execution and enforcement of punishments and orders
- Part XA Detainees and detention centres
- Part XI Judge Advocate General, Deputy Judge Advocates General, Chief Judge Advocate, and Registrar of Military Justice
- Part XIA Director of Military Prosecutions
- Part XII Miscellaneous
- Schedule 1 Disciplinary infringement provisions
- Schedule 1A Certain disciplinary offences
Contents
4,378 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- Part I · Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Character of service offences
- 3AA Meaning of authorised charging member
- 3AB Meaning of authorised officer
- 4 Declaration of active service for disciplinary purposes
- 5 Commanding officers for disciplinary purposes
- 5A Appointment of superior authority
- 6 Further provision with respect to certain members of the Defence Force
- 7 Prisoners of war
- 8 Extension to external Territories
- 9 Extra-territorial operation of Act
- Part IA · Disciplinary infringements
- Division 1 Introduction
- Division 2 Key provisions
- Division 3 Disciplinary infringement provisions
- Division 4 Election to be dealt with under the infringement scheme
- Division 5 Dealing with disciplinary infringements
- Division 6 Command review of decisions of senior discipline officers
- Division 7 Discipline officers, senior discipline officers and infringement officers
- Division 8 Miscellaneous
- Part II · Criminal liability
- Part III · Offences
- Division 1 Offences relating to operations against the enemy
- Division 2 Mutiny, desertion and unauthorised absence
- Division 3 Insubordination and violence
- Division 4 Offences relating to performance of duty
- Division 5 Offences relating to ships, vehicles, aircraft and weapons
- Division 5A Property offences
- Division 5B Cyber-bullying offences
- Division 6 Arrest, custody and proceedings before service tribunals
- Division 6A Custodial offences
- Division 7 Miscellaneous offences
- Division 8 Offences based on Territory offences
- Division 9 Miscellaneous
- Part IV · Punishments and orders
- 66 Punishment or order to be in respect of a particular conviction
- 68 Scale of punishments
- 68A Scale of custodial punishments
- 68C Custodial punishments may be imposed for certain non-custodial service offences
- 69 Punishment not to be more severe than maximum punishment
- 69A Punishments that may be imposed by a court martial or a Defence Force magistrate
- 69B Punishments that may be imposed by a superior summary authority
- 69C Punishments that may be imposed by a commanding officer
- 70 Sentencing principles
- 71 Restrictions on power to impose punishments
- 72 Application of certain provisions of Crimes Act 1914
- 73 Imposition of fines
- 74 Concurrent or cumulative punishments
- 74A Non-disclosure order
- 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
- 84A Removal order for cyber-bullying and other offensive etc material
- 85 Payment of fines
- Part V · Summons, arrest, custody and suspension from duty
- 86 Interpretation
- 86A Oaths, affirmations and affidavits
- 87 Charging a person with a service offence and summons or order to appear
- 87A Charge sheets
- 88 Arrest, summons etc. 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
- 95A Search of persons in custody in custodial facilities
- 96 Time limitation on charges
- 97 Release from custody
- 98 Suspension from duty on suspicion of offence etc.
- 99 Suspension from duty after conviction
- 100 Effect of custody or suspension from duty
- Part VI · Investigation of service offences
- Division 1 Preliminary
- Division 2 Duties of investigating officers when interviewing suspects
- Division 3 Confessions
- Division 4 Other investigative action
- Division 5 Rights of persons charged with service offences
- Division 6 Search and seizure
- Division 6A Investigation under the Regulatory Powers Act
- Division 7 Exclusion of evidence
- Division 7A Disclosure of investigation information etc.
- Division 8 Application of Part
- Part VII · Service tribunals
- Part VIII · Procedure of service tribunals
- Part VIIIA · Review of proceedings of service tribunal
- Division 1 Appointment of reviewing authorities
- Division 2 Review by reviewing authority
- Division 3 Action on review of proceedings that have resulted in a conviction
- Division 4 Action on review of proceedings that have resulted in an acquittal because of mental impairment
- Division 5 Action on review of certain punishments and orders that are subject to approval by reviewing authority
- Part X · Execution and enforcement of punishments and orders
- Part XA · Detainees and detention centres
- Part XI · Judge Advocate General, Deputy Judge Advocates General, Chief Judge Advocate, and Registrar of Military Justice
- Part XIA · Director of Military Prosecutions
- Part XII · Miscellaneous
- 189 Royal prerogative of mercy
- 189A Use of declared policing equipment
- 190 Jurisdiction of civil courts in relation to offences
- 190A Disclosing certain convictions of service offences by a court martial or a Defence Force magistrate
- 190B Disclosing certain convictions by a summary authority, a court martial or a Defence Force magistrate
- 190C Extinguishing convictions for historical homosexual service offences
- 191 Evidentiary certificate
- 192 Evidence of warrant of commitment
- 193 Protection of members of courts martial etc.
- 194 Direction to be kept in strict custody until the pleasure of the Governor-General is known
- 194A Persons required as witnesses before service tribunals
- 195 Supply of record of proceedings
- 196 Judge advocates’ panel
- 196AA Termination of appointment to judge advocates’ panel
- 196AB Resignation
- 196A Annual report relating to Defence Force discipline law
- 196B Annual report relating to the operations of the Director of Military Prosecutions
- 196C Delegation by Chief of the Defence Force
- 197 Regulations
- chp_
- Sections 128, 184, 188CA, 188EG, 188FF and 188GJ
- OATH
- I, A.B., do swear that I will well and truly serve (insert applicable pronoun, such as “His” or “Her”) Majesty in the office of and that I will do right to all
- AFFIRMATION
- I, A.B., do solemnly and sincerely promise and declare that I will well and truly serve (insert applicable pronoun, such as “His” or “Her”) Majesty in the offic
- chp__2
- Section 196
- OATH
- I, A.B., do swear that I will well and truly serve (insert applicable pronoun, such as “His” or “Her”) Majesty in the office of judge advocate and I will do rig
- AFFIRMATION
- I, A.B., do solemnly and sincerely promise and declare that I will well and truly serve (insert applicable pronoun, such as “His” or “Her”) Majesty in the offic
- Schedule 1 · Disciplinary infringement provisions
- Schedule 1A · Certain disciplinary offences
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.