Defence Force Discipline Act 1982 (Cth)

Defence Force Discipline Act 1982

No. 152, 1982

Compilation No. 37

Compilation date: 11 December 2024

Includes amendments: Act No. 115, 2024

About this compilation

This compilation

This is a compilation of the Defence Force Discipline Act 1982 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 IA—Disciplinary infringements Division 1—Introduction 9A Simplified outline of this Part 9B Object of this Part Division 2—Key provisions 9C Election to be dealt with under the infringement scheme 9CA Prescribed defence member Division 3—Disciplinary infringement provisions Subdivision A—Key concepts 9D When a disciplinary infringement is committed Subdivision B—Minor disciplinary infringement provisions 9DA Disciplinary infringement provision—absent from duty 9DB Disciplinary infringement provision—absent without leave not exceeding 3 hours 9DC Disciplinary infringement provision—disobeying a lawful command 9DD Disciplinary infringement provision—failing to comply with a general order 9DE Disciplinary infringement provision—member on guard or on watch 9DF Disciplinary infringement provision—failure to perform duty or carry out activity 9DG Disciplinary infringement provision—prejudicial conduct Subdivision C—Disciplinary infringement provisions only within jurisdiction of senior discipline officers 9DH Disciplinary infringement provision—absent without leave not exceeding 24 hours 9DI Disciplinary infringement provision—insubordinate conduct 9DJ Disciplinary infringement provision—creating a disturbance etc. 9DK Disciplinary infringement provision—insulting or provocative words 9DL Disciplinary infringement provision—unauthorised discharge of weapon 9DM Disciplinary infringement provision—negligent discharge of weapon 9DN Disciplinary infringement provision—intoxicated while on duty etc. 9DO Disciplinary infringement provision—driving a service vehicle for unauthorised purpose 9DP Disciplinary infringement provision—driving without due care or attention etc. Division 4—Election to be dealt with under the infringement scheme 9E Infringement officer may give infringement notice 9EA Election may be withdrawn 9EB Member is taken to have admitted the infringement only for the purpose of being dealt with under the infringement scheme 9EC Consequence of no election or withdrawing election Division 5—Dealing with disciplinary infringements 9F Jurisdiction to deal with a disciplinary infringement 9FA Procedure in dealing with disciplinary infringements 9FB Decisions that may be made by discipline officers or senior discipline officers in dealing with disciplinary infringements 9FC Commencement of punishments Division 6—Command review of decisions of senior discipline officers 9G Command review of decisions of senior discipline officers Division 7—Discipline officers, senior discipline officers and infringement officers 9H Appointment of discipline officers and senior discipline officers 9HA Appointment of infringement officers Division 8—Miscellaneous 9J Consequences of punishments 9JA Monthly report by discipline officers and senior discipline officers 9JB Records relating to disciplinary infringements Part II—Criminal liability 10 Application of the Criminal Code 11 Recklessness and negligence in relation to a member of the Defence Force 14 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 Imperilling the success of operations 16 Communicating with the enemy 16A Failing to report information received from the enemy 16B Offence committed with intent to assist the enemy 17 Leaving a post, abandoning equipment or otherwise failing to perform duty 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 Assault occasioning actual bodily harm 34 Assaulting a subordinate Division 4—Offences relating to performance of duty 35 Negligence in performance of a duty 35A Failure to perform duty or carry out activity 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 General deficiency 47P Receiving 47Q Unauthorised use of Commonwealth credit card Subdivision D—Looting 48 Looting Division 5B—Cyber‑bullying offences 48A Cyber‑bullying 48B Failure to comply with removal order Division 6—Arrest, custody and proceedings before service tribunals 49 Refusing to submit to arrest 49A 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 56A Failure to comply with requirement to notify change in circumstances 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 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 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—cyber‑bullying offence 85 Payment of fines Part V—Summons, arrest, custody and suspension from duty 86 Interpretation 86A Oaths, affirmations and affidavits 87 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 101N Identification parades 101P Searches of arrested persons 101Q Medical examinations 101QA Offence of refusing to submit to medical examination etc. 101R Application of Division Division 5—Rights of persons charged with service offences 101S Persons to be cautioned 101T Questioning of persons charged with service offences 101U Persons charged with same service offence Division 6—Search and seizure 101V Interpretation 101W Search and seizure 101X Search warrants 101Y Search warrants may be granted by telephone 101Z Searches in emergencies 101ZA Consent to search Division 6A—Investigation under the Regulatory Powers Act 101ZAA Simplified outline of this Division 101ZAB Basic investigation powers under Part 3 of the Regulatory Powers Act 101ZAC Modifications of Part 3 of the Regulatory Powers Act 101ZAD Appointment of persons under this Division 101ZAE No limit on other powers Division 7—Exclusion of evidence 101ZB Exclusion of evidence illegally obtained Division 8—Application of Part 101ZC Application of Part Part VII—Service tribunals Division 1—Director of Military Prosecutions 103 Courses open to Director of Military Prosecutions Division 2—Summary authorities 104 Interpretation 105 Appointment of superior summary authorities 105A Referral of charge to Director of Military Prosecutions before dealing with charge under section 109 or 110 106 Jurisdiction of superior summary authority 107 Jurisdiction of commanding officer 108A Disqualification of summary authority from trying a charge 109 Dealing with a charge by superior summary authority 110 Dealing with a charge by commanding officer 111A Proceedings by way of dealing with a charge 111B Accused person may elect to be tried by a court martial or Defence Force magistrate—election before commencement of trial 111C Decision by accused person whether to elect to be tried by a court martial or Defence Force magistrate—decision before commencement of trial 112 Discontinuance 113 Powers of officer in command of detachment Division 3—Courts martial 114 Types of court martial 115 Jurisdiction of court martial 116 Eligibility to be member of court martial 117 Eligibility to be judge advocate 118 Remuneration of judge advocate of court martial 119 Convening order 120 Convening order to be notified to accused person 121 Objection on ground of ineligibility etc. 122 Notification of belief of bias 123 Substitution of members etc. 124 Replacement of members etc. 125 Dissolution of court martial 126 Inability to attend after plea Division 4—Defence Force magistrates 127 Appointment of Defence Force magistrates 127A Remuneration of Defence Force magistrate 128 Oath or affirmation of Defence Force magistrate 129 Jurisdiction and powers of Defence Force magistrate 129A Discontinuance of proceedings before Defence Force magistrate etc. Division 5—Nomination of Defence Force magistrates and members of courts martial 129B Appointment of members of courts martial 129C Judge Advocate General to nominate Defence Force magistrates Part VIII—Procedure of service tribunals Division 1—Trial by summary authority 129D Time within which trial must be commenced 130 Trial by summary authority 131 Accused person may elect to be tried by a court martial or Defence Force magistrate—election during trial 131AA Decision by accused person whether to elect to be tried by a court martial or Defence Force magistrate—decision during trial 131A Reference of charge to Director of Military Prosecutions Division 2—Trial by court martial or Defence Force magistrate 132 Trial by court martial 133 Determination of questions by court martial 134 Powers of judge advocate 135 Trial by Defence Force magistrate 136 Representatives of parties before court martial or Defence Force magistrate 137 Representation of accused person Division 3—General Subdivision A—General provisions relating to trials 138 Procedural powers 139 Accused person to be present at hearing 140 Public hearings 141 Applications and objections 141A Amendment of charges 142 Alternative offences 143 Condonation no bar to proceedings 144 Previous acquittal or conviction 145 Unsoundness of mind 145A Notice of alibi 146 Rules of evidence 146A Evidence etc. in proceedings before a summary authority 147 Judicial notice of service matters 148 Record of proceedings to be kept Subdivision B—Use of video links and audio links by courts martial and Defence Force Magistrates 148A Testimony by video link or audio link 148B Appearance of persons or submissions made by video link or audio link 148C Conditions for use of video links and audio links 148D Putting documents to a person by video link or audio link 148E Administration of oaths and affirmations 148EA Powers conferred on President 148F New Zealand proceedings Subdivision C—Rules of procedure for service tribunals 149 The Summary Authority Rules 149A The Court Martial and Defence Force Magistrate Rules Part VIIIA—Review of proceedings of service tribunal Division 1—Appointment of reviewing authorities 150 Appointment of reviewing authorities 150A Meaning of competent reviewing authority Division 2—Review by reviewing authority 152 Automatic review by reviewing authority 153 Review on petition to reviewing authority 154 Report to be obtained before commencement of review 155 Further review 156 Effect on reviews of appeals to Defence Force Discipline Appeal Tribunal Division 3—Action on review of proceedings that have resulted in a conviction 157 Interpretation 158 Quashing of conviction etc. 159 Person deemed to have been acquitted 160 New trial 161 Substitution of conviction of alternative offence 162 Review of action under Part IV Division 4—Action on review of proceedings that have resulted in an acquittal on the ground of unsoundness of mind 163 Interpretation 164 Quashing of prescribed acquittal etc. 165 Person deemed to have been acquitted 166 New trial Division 5—Action on review of certain punishments and orders that are subject to approval by reviewing authority 167 Interpretation 168 Approved punishment or order to take effect as determined 169 Punishments or orders not approved to be quashed or revoked Part X—Execution and enforcement of punishments and orders 170 Warrants of commitment 171 Commencement of punishments and orders 172 Punishments and orders subject to approval 173 Suspension of operation of restitution orders and reparation orders 174 Recovery of fines etc. 175 Evidence of fine etc. 176 Stay of execution of punishment 177 Unlawful absence Part XA—Detainees and detention centres 178 Interpretation 178A Search of detainees 178B Fingerprints, photographs etc. of detainees 178C Leave of absence of detainees 178D Regulations relating to detention centres Part XI—Judge Advocate General, Deputy Judge Advocates General, Chief Judge Advocate, and Registrar of Military Justice Division 1—Judge Advocate General and Deputy Judge Advocates General 179 Judge Advocate General and Deputy Judge Advocates General 180 Qualifications for appointment 181 Appointment of Judge Advocate General or Deputy Judge Advocate General not to affect tenure etc. 182 Arrangement for appointment of the holder of a judicial office of a State or of the Northern Territory 183 Terms and conditions of appointment etc. 184 Oath or affirmation of Judge Advocate General and Deputy Judge Advocate General 185 Remuneration etc. 186 Termination of appointment 187 Resignation 188 Acting Judge Advocate General or Deputy Judge Advocate General Division 2—Chief Judge Advocate 188A Chief Judge Advocate 188AA Terms and conditions of appointment 188B Role of the Chief Judge Advocate 188C Eligibility requirements 188CA Oath or affirmation 188D Resignation 188E Remuneration 188EA Termination of appointment 188EB Acting appointments Division 2A—Deputy Chief Judge Advocate 188EC Deputy Chief Judge Advocate 188ED Terms and conditions of appointment 188EE Role of Deputy Chief Judge Advocate 188EF Eligibility requirements 188EG Oath or affirmation 188EH Resignation 188EI Remuneration 188EJ Termination of appointment Division 3—The Registrar of Military Justice 188F Registrar of Military Justice 188FA Functions of the Registrar 188FB Appointment of the Registrar 188FC Qualifications for appointment 188FD Tenure 188FE Resignation 188FF Oath or affirmation 188FG Remuneration 188FH Leave of absence 188FI Outside employment 188FJ Termination of appointment 188FK Standing obligation to disclose interests 188FL Acting appointments 188FM Delegation Part XIA—Director of Military Prosecutions Division 1—Establishment and functions of the Director of Military Prosecutions 188G Director of Military Prosecutions 188GA Functions of the Director of Military Prosecutions 188GB Appearances by and on behalf of Director of Military Prosecutions 188GC Right of Director of Military Prosecutions and staff to practise in their official capacity 188GD Undertakings by the Director of Military Prosecutions 188GE Directions and guidelines by the Director of Military Prosecutions Division 2—Administrative provisions about the Director of Military Prosecutions 188GF Appointment of the Director of Military Prosecutions 188GG Qualifications for appointment 188GH Tenure 188GI Resignation 188GJ Oath or affirmation 188GK Remuneration 188GL Leave of absence 188GM Outside employment 188GN Termination of appointment 188GO Standing obligation to disclose interests 188GP Acting appointments 188GQ Staff Division 3—Other matters 188GR Delegation Part XII—Miscellaneous 189 Royal prerogative of mercy 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 191 Evidentiary certificate 192 Evidence of warrant of commitment 193 Protection of members of courts martial etc. 194 Persons found to be of unsound mind 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 197 Regulations Schedule 1A—Certain disciplinary offences Schedule 4 Schedule 5 Schedule 6—Alternative offences Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history