ommonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982

TABLE OF PROVISIONS

Long Title

PART I--PRELIMINARY

1.

Short title

2.

Commencement

3.

Interpretation

3A.

Character of service offences

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 II--CRIMINAL LIABILITY

10.
11.
Force
14.

Application of the Criminal Code

Recklessness and negligence in relation to a member of the Defence
Act or omission in execution of law etc.

PART III--OFFENCES

Division 1--Offences relating to operations against the enemy

15.

Abandoning or surrendering a post etc.

15A.

Causing the capture or destruction of a service ship, aircraft or vehicle

15B.

Aiding the enemy while captured

15C.

Providing the enemy with material assistance

15D.

Harbouring enemies

15E.

Offences relating to signals and messages

15F.

Failing to carry out orders

15G.
16.

Imperilling the success of operations

Communicating with the enemy

16A.

Failing to report information received from the enemy

16B.

Offence committed with intent to assist the enemy

17.
duty

Leaving a post, abandoning equipment or otherwise failing to perform

18.

Endangering morale

19.

Conduct after capture by the enemy

Division 2--Mutiny, desertion and unauthorised absence

20.

Mutiny

21.

Failing to suppress mutiny

22.

Desertion

23.

Absence from duty

24.

Absence without leave

Division 3--Insubordination and violence

25.

Assaulting a superior officer

26.

Insubordinate conduct

27.

Disobeying a lawful command

28.

Failing to comply with a direction in relation to a ship, aircraft or vehicle

29.

Failing to comply with a general order

30.

Assaulting a guard

31.

Obstructing a police member

32.

Person on guard or on watch

33.

Assault, insulting or provocative words etc.

33A.
34.

Assault occasioning actual bodily harm

Assaulting a subordinate

Division 4--Offences relating to performance of duty

35.

Negligence in performance of a duty

36.

Dangerous conduct

36A.

Unauthorised discharge of weapon

36B.

Negligent discharge of weapon

37.

Intoxicated while on duty etc.

38.

Malingering

Division 5--Offences relating to ships, vehicles, aircraft and weapons

39.

Loss of, or hazard to, service ship

40.

Driving while intoxicated

40A.

Dangerous driving

40C.

Driving a service vehicle for unauthorised purpose

40D.

Driving without due care or attention etc.

41.

Low flying

42.

Inaccurate certification in relation to ships, aircraft, vehicles etc.

Division 5A--Property offences

Subdivision A--Service property offences

43.

Destroying or damaging service property

44.

Losing service property

45.

Unlawful possession of service property

Subdivision B--Possession of property suspected of having been

unlawfully obtained

46.

Possession of property suspected of having been unlawfully obtained

Subdivision C--Fraudulent conduct

47.

When property belongs to a person

47A.

Dishonesty

47B.

Determination of dishonesty to be a matter for the trier of fact

47C.

Theft

47D.

Special rules about the meaning of dishonesty

47E.

Appropriation of property

47F.

Theft of land or things forming part of land

47G.

Trust property

47H.

Obligation to deal with property in a particular way

47J.

Property obtained because of fundamental mistake

47K.

Property of a corporation sole

47L.

Property belonging to 2 or more persons

47M.

Intention of permanently depriving a person of property

47N.
47P.
47Q.

General deficiency
Receiving
Unauthorised use of Commonwealth credit card

Subdivision D--Looting

48.

Looting

Division 6--Arrest, custody and proceedings before service tribunals

49.
49A.

Refusing to submit to arrest

Assault against arresting person

50.

Delaying or denying justice

51.

Escaping from custody

52.

Giving false evidence

53.

Contempt of service tribunal

54.

Unlawful release etc. of person in custody

Division 6A--Custodial offences

54A.

Custodial offences

Division 7--Miscellaneous offences

55.

Falsifying service documents

56.

False statement in relation to application for a benefit

57.

False statement in relation to appointment or enlistment

58.

Unauthorised disclosure of information

59.

Dealing in or possession of prohibited drugs

60.

Prejudicial conduct

Division 8--Offences based on Territory offences

61.

Offences based on Territory offences

Division 9--Miscellaneous

62.

Commanding or ordering a service offence to be committed

63.

Consent for proceedings for certain offences

64.

Punishment for ancillary offences

PART IV--PUNISHMENTS AND ORDERS

66.

Punishment or order to be in respect of a particular conviction

67.

Authorised punishments

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

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

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

PART V--SUMMONS, ARREST, CUSTODY AND SUSPENSION FROM DUTY

86.
86A.
87.

Interpretation
Oaths, affirmations and affidavits
Summons and order in the nature of summons

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

101.

Interpretation

101AA. Oaths, affirmations and affidavits

Division 2--Duties of investigating officers when interviewing suspects

101A. Interpretation
101B. Investigating officer may question persons
101C. Questioning and cautioning of person in custody
101D. Cautioning once decision to charge or summon has been made
101E. Access to friend, relative and legal practitioner
101F. Lists of legal officers
101G. Exceptions to requirements of section 101E
101H. Treatment of persons in custody

Division 3--Confessions

101J. Admissibility of confessional evidence

101JA. Tape recording of confessions and admissions
101K. Admissibility of oral confessions

Division 4--Other investigative action

101L. Fingerprints, photographs etc.

101M. Identification by means of photographs