Defence Force Discipline Amendment (RCDVS Implementation and Related Measures) Regulations 2026

Contents

1Name#

This instrument is the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures) Regulations 2026.

2Commencement#

(1)Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.	16 October 2026
2. Schedule 1	The day after this instrument is registered.	16 October 2026
3. Schedule 2	The later of:(a) immediately after the commencement of the provisions covered by table item 2; and(b) immediately after the commencement of Part 1 of Schedule 4 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures No. 1) Act 2026.	1 January 2027(paragraph (b) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority#

This instrument is made under the Defence Force Discipline Act 1982.

4Schedules#

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 · Amendments commencing day after registration

Part 1 · Main amendments

Defence Force Discipline Regulations 2018 #

1 Section 5

Repeal the section.

2 Section 7

Repeal the following definitions:

(a)definition of engage in conduct;

(b)definition of investigating officer;

(c)definition of officer cadet.

3 After Part 1

Insert:

Part 1A · Service offences

7APrescribed quantity for prohibited drugs#

For the purposes of the definition of prescribed quantity in subsection 59(9) of the Act, the prescribed quantity for a prohibited drug is the quantity that is listed as a marketable quantity of the drug in regulations made for the purposes of section 301.11 of the Criminal Code.

Part 1B · Sentencing principles

7CSentencing principles#

For the purposes of paragraph 70(1)(aa) of the Act, the following are prescribed:

(a)sections 16AAAA and 16AB of the Crimes Act 1914 (victim impact statements);

(b)section 34AA of the Crimes (Sentencing) Act 2005 (ACT) (submissions on sentencing), as in force when this section commences;

(c)for the purposes of determining whether to make a non-disclosure order—subsections 17(3) and (4) of the Crimes (Sentencing) Act 2005 (ACT) (considerations for non-conviction orders), as in force when this section commences.

Part 1C · Investigation information

7DHandling of sensitive material for the purposes of proceedings before a service tribunal#

(1) This section is made for the purposes of subsection 101ZBB(1) of the Act.

Sensitive material notice

(2)The Director of Military Prosecutions, after receiving an application from an accused person for inspection of exhibits, may object to the accused person copying information, a document or thing which the Director reasonably believes to be sensitive material.

(3)If, but for subsection (2), the prosecution would be required under the Act to provide a copy of the information, document or thing to the accused person, and the prosecution does not give a copy of the information, document or thing to the accused person as a result of subsection (2), the prosecution must give the accused person a written notice (sensitive material notice) that complies with subsection (4).

(4)The sensitive material notice must:

(a)describe the information, document or thing that the Director reasonably believes to be sensitive material; and

(b)indicate that as the Director reasonably believes that the information, document or thing is sensitive material, the prosecution is not required to give the accused person a copy of the information, document or thing; and

(c)indicate the reasons why the Director reasonably believes the information, document or thing to be sensitive material; and

(d)indicate that the accused person will not be given a copy of the information, document or thing; and

(e)contain information to the effect that the accused person is entitled to view or listen to the information, document or thing at a place nominated by the prosecution and subject to conditions the prosecution deems reasonably appropriate; and

(f)set out the name and contact details of the person who is responsible for arranging the viewing of, or listening to, the information, document or thing on behalf of the prosecution.

Access request notice

(5)After receiving a sensitive material notice, the accused person may give the prosecution a written notice (access request notice) that indicates that the accused person requires access to the information, document or thing.

(6)The prosecution must, as soon as practicable after receiving an access request notice, give reasonable access (which may be given on more than one occasion) to the information, document or thing to:

(a)the accused person; and

(b)any other person who has been engaged to assist with the accused person’s case;

so as to enable the accused person or the person who has been engaged to assist with the accused person’s case to view or listen to (but not copy or otherwise reproduce) the information, document or thing.

Conditions on access

(7)The prosecution may require any such access to take place subject to such conditions as the prosecution considers appropriate that would not otherwise prevent the accused person from providing instructions to their legal representative privately whilst viewing, listening or having access to the information, document or thing, to ensure that:

(a)legal professional privilege is maintained; and

(b)there is no unauthorised reproduction or circulation of the information, document or thing; and

(c)the integrity of the information, document or thing is protected.

(8)Without limiting subsection (7), the prosecution may require any such access to take place under the supervision of the prosecution or a person assisting the prosecution.

(9)A person who is given access to the information, document or thing by the prosecution under subsection (6) must not, without the authority of the prosecution:

(a)copy or otherwise reproduce, or permit a person to copy or reproduce, the information, document or thing; or

(b)give the information, document or thing to another person; or

(c)remove the information, document or thing from the custody of the prosecution.

Application to the Registrar

(10)Any of the following people may make an application for a ruling by the Registrar on inspection or copying the information, document or thing that the Director reasonably believes to be sensitive material:

(a)the Director;

(b)the accused person;

(c)any other person who has been engaged to assist with the accused person’s case;

(d)a person to whom the material relates.

7ECertification of information#

For the purposes of subsection 101ZBC(4) of the Act, certification of information provided to the Director of Military Prosecutions by an investigating officer must be:

(a)in a form approved by the Judge Advocate General; and

(b)completed, signed and dated by the investigating officer.

4 Section 16

Repeal the section, substitute:

16News media#

A detainee in a detention centre must be permitted to have access to any news media the officer in charge of the detention centre thinks reasonable.

5 Division 3 of Part 2

Repeal the division, substitute:

Division 3 · Letters, emails and parcels

22Staff members approved to deal with letters, emails and parcels#

(1)The officer in charge of a detention centre may, in writing, appoint a member of the staff of the detention centre to be an approved staff member of the detention centre for the purposes of this Division.

(2)The officer in charge of a detention centre or an approved staff member of a detention centre may, subject to this Division:

(a)open, inspect and read any letter sent to, or proposed to be sent by, a detainee in the detention centre; and

(b)if a detainee in the detention centre wishes to access or read any email sent to the detainee—access, inspect and read the email; and

(c)access, inspect and read any email proposed to be sent by a detainee in the detention centre; and

(d)open and inspect any parcel sent to, or proposed to be sent by, a detainee in the detention centre.

23Sending and receiving letters, emails and parcels#

(1)Subject to subsections (3) to (9) and section 24, a detainee may send letters, emails or parcels to, and receive letters, emails or parcels from, persons who are not detained, if the detainee agrees to those letters, emails or parcels being accessed, opened, inspected or read in accordance with this Division.

(2)If the detainee agrees and is in a detention centre, the detainee must be permitted to send:

(a)immediately on being admitted to the detention centre—2 letters or emails; and

(b)in every week of detention in the detention centre—2 letters or emails; and

(c)any additional letters or emails the officer in charge of the detention centre permits.

Letters and emails addressed to certain persons—to be sent by detainee

(3)Subsections (4) and (5) apply if a detainee presents to the officer in charge of a detention centre, or an approved staff member of the detention centre, a letter or email addressed by the detainee to:

(a)the Defence Force Ombudsman; or

(b)the Inspector-General ADF; or

(c)a member of Parliament; or

(d)a legal practitioner; or

(e)an authorised officer.

(4)The officer in charge must cause the letter, or permit the email, to be sent to the addressee.

(5)The letter or email must not be:

(a)in the case of a letter—opened, inspected or read; or

(b)in the case of an email—accessed, inspected or read;

other than by the person to whom the letter or email is addressed or some other person authorised by that person.

Letters and emails addressed by certain persons—sent to detainee

(6)A letter or email from the Defence Force Ombudsman or Inspector-General ADF that has been, or purports to have been, addressed to a detainee must not be:

(a)in the case of a letter—opened, inspected or read; or

(b)in the case of an email—accessed, inspected or read;

other than by the detainee or another person authorised by the detainee.

Privileged letters and emails—sent to detainee

(7)Subject to subsection (8), if a member of Parliament or a legal practitioner sends a detainee a letter or email (the first communication) that is accompanied by another letter or email addressed to the officer in charge of the detention centre indicating that privilege is claimed in respect of the first communication, the first communication must not be:

(a)if the first communication is a letter—opened, inspected or read; or

(b)if the first communication is an email—accessed, inspected or read;

by any person other than the detainee or another person authorised by the detainee.

(8)If the officer in charge of a detention centre or an approved staff member of the detention centre reasonably believes that the first communication may contain material referred to in subsection (9):

(a)the detainee may be required to open, or otherwise provide access to, the first communication in the presence of the officer in charge or the approved staff member; and

(b)if the first communication contains material referred to in that subsection—the officer in charge or the approved staff member may impound, or otherwise restrict the detainee from accessing, the material.

(9)For the purposes of subsection (8), the material is any of the following:

(a)money;

(b)contraband;

(c)any attachment, item or matter that is likely to adversely affect the security, discipline or good order of the detention centre.

24Letters, emails and parcels likely to adversely affect security, discipline or good order of a detention centre#

(1)This section applies if the officer in charge of a detention centre or an approved staff member of the detention centre reasonably believes that the security, discipline or good order of the detention centre is likely to be adversely affected by the delivery to, or despatch from, a detainee of any letter, email or parcel.

(2)Subject to subsections 23(3) to (9), the officer in charge or the approved staff member of the detention centre may:

(a)access, open, inspect and read the letter, email or parcel (as the case may be); and

(b)impound, or otherwise restrict the detainee from accessing or sending, any money, contraband or any attachment, item or matter found in the letter, email or parcel that, in the opinion of the officer in charge, may adversely affect the security, discipline or good order of the detention centre.

(3)The officer in charge must inform the detainee if any money, contraband or other attachment, item or matter is impounded or otherwise restricted from being accessed or sent under paragraph (2)(b).

25Material impounded or restricted from being accessed or sent under this Division#

Any material impounded or restricted from being accessed or sent under paragraph 23(8)(b) or 24(2)(b) may be dealt with in accordance with any directions that may be given by the Chief of the Defence Force, a service chief or an authorised officer.

6 Subparagraphs 30(2)(a)(i) and (ii)

Repeal the subparagraphs, substitute:

(i)Australian Standard AS 4691.2, as in force or existing at the time of testing; and

(ii)any specifications of the manufacturer of the device, as in force or existing at the time of testing; and

7 Subparagraphs 30(2)(b)(i) and (ii)

Repeal the subparagraphs, substitute:

(i)Australian Standard AS 4691.1, as in force or existing at the time of testing; and

(ii)any specifications of the manufacturer of the device, as in force or existing at the time of testing; and

8 Paragraph 30(2)(c)

Omit “Australian Standard AS 4691.2-2003 Laser-based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced”, substitute “Australian Standard AS 4691.2, as in force or existing at the time of testing”.

9 Section 36

Repeal the section, substitute:

36Modification of the Evidence Act 2011 (ACT) in its application to proceedings before a court martial or Defence Force magistrate#

For the purposes of subsection 146(2) of the Act, section 1 of Part 2 of the Dictionary in the Evidence Act 2011 (ACT), as in force from time to time, has effect, in relation to proceedings before a court martial or Defence Force magistrate, as if the following paragraph were added at the end of subsection (1) of that section:

(g)the control, operation and administration of the Defence Force.

36AUse of audiovisual recordings in proceedings before a court martial or Defence Force magistrate#

(1)For the purposes of subsection 146(2) of the Act, Division 4.3.3 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT), as in force from time to time, has effect, in relation to proceedings before a court martial or Defence Force magistrate as if:

(a)a reference to a prescribed person were a reference to an investigating officer; and

(b)a reference to a relevant proceeding included a reference to a proceeding relating to:

(i)a serious violent or sexual offence; or

(ii)family and domestic violence (within the meaning of the Fair Work Act 2009).

(2)For the purposes of subsection 146(2) of the Act, this section applies in relation to proceedings commenced on or after the commencement of this section, whether the conduct engaged in occurred before, on or after that commencement.

36BModification of ACT evidence laws in relation to charges tried with a court martial panel#

(1)For the purposes of subsection 146(2) of the Act, the Evidence Act 2011 (ACT) and the Evidence (Miscellaneous Provisions) Act 1991 (ACT), as in force from time to time, have effect, in relation to proceedings before a court martial as if a reference to a jury were a reference to a court martial panel.

10 Section 39

Repeal the section.

11 Section 41

Omit “87(2)”, substitute “87(4)”.

12 Sections 44 and 52

Repeal the sections.

13 Subsection 53(1)

Omit “the service chief of each arm of the Defence Force must, in respect of each member of the Defence Force in that arm”, substitute “the Chief of the Defence Force, a service chief or an authorised officer must, in respect of each member of the Defence Force”.

14 Subsection 53(2)

Omit “The service chief of an arm of the Defence Force must, at the request of a member of the Defence Force serving in that arm”, substitute “The Chief of the Defence Force, a service chief or an authorised officer must, at the request of a member of the Defence Force”.

15 Part 6 (heading)

Repeal the heading, substitute:

Part 6 · Transitional provisions

16 Before section 54

Insert:

Division 1 · Provisions for this instrument as originally made

17 At the end of Part 6

Add:

Division 2 · Provisions for the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures) Regulations 2026

55Appointment of approved staff members#

An appointment that was in force under subsection 22(1) of this instrument immediately before the commencement of this section continues in force (and may be dealt with) on and after that commencement as if it had been made under subsection 22(1) of this instrument as substituted by Schedule 1 to the Defence Force Discipline Amendment (RCDVS Implementation and Related Measures) Regulations 2026.

18 Schedule 1 (Form 9)

After “search of property under my immediate control”, insert “(including any digital assets)”.

19 Schedule 2

Repeal the Schedule.

Part 2 · Bulk amendments

Defence Force Discipline Regulations 2018 #

20 Amendments of listed provisions—references to authorized officer

Amendments to authorized officer references
Item	Provision	Omit	Substitute
1	Section 7 (paragraph (a) of the note)	authorized officer	authorised officer
2	Section 7 (definition of *area detention centre*)	authorized officer	authorised officer
3	Section 7 (definition of *corrective detention centre*)	authorized officer	authorised officer
4	Section 7 (definition of *unit detention centre*)	authorized officer	authorised officer
5	Section 17	authorized officer	authorised officer
6	Paragraph 18(a)	authorized officer	authorised officer
7	Section 31	authorized officer	authorised officer
8	Section 35	authorized officer	authorised officer

Schedule 2 · Amendments commencing later

Defence Force Discipline Regulations 2018 #

1 Part 1A (at the end of the heading)

Add “and summary contraventions”.

2 Section 7A

After “for the purposes of”, insert “paragraph 47(4)(b) of Schedule 2 to the Act and”.

3 At the end of Part 1A

Add:

7BPrescribed amounts for property contraventions#

Service property

(1)For the purposes of paragraphs 27(1)(c), 28(1)(c) and 29(1)(c) of Schedule 2 to the Act, the prescribed amount is $20,000.

Other property

(2)For the purposes of paragraphs 30(1)(c), 31(1)(b), 32(1)(b), 33(1)(b), 34(1)(b) and 34(2)(d) of Schedule 2 to the Act, the prescribed amount is $6,000.

4 Subsection 27(4)

After “an offence committed”, insert “or a summary contravention”.

5 Section 34

Repeal the section.

6 Section 41

Omit “87(4),”.

7 Section 51

Repeal the section.

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.