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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

An Act relating to the discipline of the Defence Force and for related purposes

Part IPreliminary 1Short title

This Act may be cited as the Defence Force Discipline Act 1982.

2Commencement

(1)
Part I and Part XI shall come into operation on the day on which this Act receives the Royal Assent.
(2)
The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

3Interpretation

(1)
In this Act, unless the contrary intention appears:
accused person means a person who has been charged with a service offence.
active service, in relation to a defence member, means:
(a)
service by the member in connection with operations against the enemy;
(b)
service by the member with a force specified in a declaration by the Governor‑General that is in force under subsection 4(1); or
(c)
service by the member in an area specified in a declaration by the Governor‑General that is in force under subsection 4(2).
aircraft includes any machine that can derive support in the atmosphere from the reactions of the air.
airman means a member of the Australian Air Force, not being an officer.
allied force means a force of another country that is acting in co‑operation with the Defence Force.
ancillary offence, in relation to an offence against this Act or the regulations, means an offence against:
(a)
section 11.1, 11.4 or 11.5 of the Criminal Code; or
(b)
section 6 of the Crimes Act 1914;
that relates to that other offence.
ancillary Territory offence, in relation to another Territory offence (the first Territory offence), means an offence against:
(a)
section 11.1, 11.4 or 11.5 of the Criminal Code; or
(b)
section 6 of the Crimes Act 1914; or
(c)
section 44, 47 or 48 of the Criminal Code 2002 of the Australian Capital Territory; or
(d)
section 181 of the Crimes Act 1900 of the Australian Capital Territory; or
(e)
a provision of a law in force in the Jervis Bay Territory (other than a Commonwealth law) that is prescribed for the purposes of this paragraph (see subsection (3A));
that relates to the first Territory offence.
another country means a country other than Australia.
appropriate authority:
(a)
in relation to proceedings before a court martial, means:
(i)
the Registrar; or
(ii)
the President of the court martial; and
(b)
in relation to proceedings before a Defence Force magistrate, means:
(i)
the Registrar; or
(ii)
the Defence Force magistrate; or
(c)
in relation to proceedings before a summary authority, means the summary authority.
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
Australia, when used in a geographical sense, includes the external Territories.
authorized officer means an officer, or an officer included in a class of officers, authorized, in writing, by the Chief of the Defence Force or a service chief for the purposes of the provision in which the expression occurs.
charge means a charge of a service offence.
Chief Judge Advocate means the Chief Judge Advocate appointed under section 188A.
civil court means a federal court or a court of a State or Territory.
civil court offence means:
(a)
an offence against a law of the Commonwealth (other than a service offence); or
(b)
an offence against a law of a State or Territory.
civil detention facility means a police station or any other premises in which persons in custody awaiting trial in a civil court may lawfully be detained.
competent reviewing authority has the meaning given by section 150A.
constable means a member, or a special member, of the Australian Federal Police or a member of the police force of a State or Territory.
convicted person means a person convicted of a service offence by a service tribunal, a reviewing authority or the Defence Force Discipline Appeal Tribunal.
Court Martial and Defence Force Magistrate Rules means the rules made under section 149A.
custodial offence means:
(a)
an offence against subsection 54A(1) or (2); or
(b)
an offence that:
(i)
is an ancillary offence in relation to an offence against subsection 54A(1) or (2); and
(ii)
was committed by a person at a time when the person was a detainee.
custodial punishment means a punishment of a kind referred to in subsection 68A(1).
custody means custody under this Act.
defence civilian means a person (other than a defence member) who:
(a)
with the authority of an authorized officer, accompanies a part of the Defence Force that is:
(i)
outside Australia; or
(ii)
on operations against the enemy; and
(b)
has consented, in writing, to subject himself or herself to Defence Force discipline while so accompanying that part of the Defence Force.
Defence Force Discipline Appeal Tribunal means the Defence Force Discipline Appeal Tribunal constituted under the Defence Force Discipline Appeals Act 1955.
Defence Force magistrate means a Defence Force magistrate appointed under section 127.
defence member means:
(a)
a member of the Permanent Navy, the Regular Army or the Permanent Air Force; or
(b)
a member of the Reserves who:
(i)
is rendering continuous full‑time service; or
(ii)
is on duty or in uniform.
Deputy Chief Judge Advocate means a Deputy Chief Judge Advocate appointed under section 188EC.
Deputy Judge Advocate General means a Deputy Judge Advocate General appointed under section 179.
detainee means a person who is undergoing a punishment of detention in a detention centre.
detention centre means a place, not being a prison, that is operated by the Defence Force as a place for the detention of persons on whom punishments of detention have been imposed.
Director of Defence Counsel Services has the same meaning as in the Defence Act 1903.
Director of Military Prosecutions means the Director of Military Prosecutions appointed under section 188GF.
disciplinary infringement has the meaning given by subsection 9D(1).
disciplinary infringementprovision has the meaning given by subsection 9D(2).
discipline officer has the meaning given by subsection 9H(2).
elective punishment means a punishment set out in column 3 of an item in the table in subsection 69B(2) or 69C(2).
enemy person means a person who is:
(a)
a representative or agent of the enemy; or
(b)
a member of:
(i)
an armed force of a body politic that constitutes the enemy; or
(ii)
an armed force or other force that constitutes the enemy.
engage in conduct means:
(a)
do an act; or
(b)
omit to perform an act.
general order means:
(a)
a Defence Instruction;
(b)
any other order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a service chief; or
(c)
a general, standing, routine or daily order in force with respect to a part of the Defence Force.
hearing, in relation to a service tribunal, includes the announcement of the verdict of the tribunal and the taking of action by the tribunal under Part IV in relation to a convicted person.
infringement notice means a notice given under section 9E.
infringement officer has the meaning given by subsection 9HA(2).
infringement scheme means Part IA.
institution, in relation to the Defence Force or an allied force, means a mess, club, band, canteen or other institution of the Defence Force or of the allied force, as the case may be.
intoxicated: a person is intoxicated if, and only if, the person’s faculties are, because of the person being under the influence of intoxicating liquor or a drug (other than a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the person is unfit to be entrusted with the person’s duty or with any duty that the person may be called on to perform.
judge advocate, in relation to a court martial, means the judge advocate of the court martial.
Judge Advocate General means the Judge Advocate General appointed under section 179.
judge advocates’ panel means the panel referred to in subsection 196(1).
junior officer means a defence member who is an officer (other than an officer cadet) who holds:
(a)
in the Navy—a rank of or below the rank of lieutenant; or
(b)
in the Army—a rank of or below the rank of captain; or
(c)
in the Air Force—a rank of or below the rank of flight lieutenant.
legal officer means an officer who is a legal practitioner.
legal practitioner means a person who is enrolled as a barrister, a solicitor, a barrister and solicitor or a legal practitioner of a civil court.
medical practitioner means a person who is registered or licensed as a medical practitioner under a law of a State or Territory that provides for the registration or licensing of medical practitioners.
member below non‑commissioned rank means a defence member who is not an officer, an officer cadet, a warrant officer or a non‑commissioned officer.
minor disciplinary infringementprovision has the meaning given by subsection 9D(3).
mutiny means a combination between persons who are, or of whom at least 2 are, members of the Defence Force:
(a)
to overthrow lawful authority in the Defence Force or in an allied force; or
(b)
to resist such lawful authority in such a manner as to prejudice substantially the operational efficiency of the Defence Force or of, or of a part of, an allied force.
non‑commissioned officer means:
(a)
a sailor holding a rank not higher than the rank of chief petty officer and not lower than the rank of leading seaman;
(b)
a soldier holding a rank not higher than the rank of staff sergeant and not lower than the rank of lance‑corporal; or
(c)
an airman holding a rank not higher than the rank of flight sergeant and not lower than the rank of corporal.
officer means:
(a)
in relation to the Australian Navy—a person appointed as an officer of the Australian Navy, including a person who holds the rank in the Australian Navy of Acting Sub‑Lieutenant or of Midshipman; and
(b)
in relation to the Australian Army and the Australian Air Force—a person appointed as an officer of the Australian Army or the Australian Air Force.
officer cadet means a defence member who holds a rank of:
(a)
in the Navy—midshipman; or
(b)
in the Army—staff cadet or officer cadet; or
(c)
in the Air Force—officer cadet.
order includes:
(a)
a general order; and
(b)
a command given to a member of the Defence Force by a superior officer.
overseas court means a court of a place outside Australia that has jurisdiction to try charges of offences against the law of that place.
overseas offence means an offence against a law of a place outside Australia.
Part IA record has the meaning given by section 9JB(2).
place of confinement means:
(a)
a civil detention facility; or
(b)
a detention centre.
police member means:
(a)
a service police officer; or
(b)
a sailor, soldier or airman who is a member of a police corps or service.
prescribed acquittal means an acquittal of a service offence by a court martial or a Defence Force magistrate on the ground of unsoundness of mind.
prescribed defence member has the meaning given by section 9CA.
President, in relation to a court martial, means the President of the court martial.
prisoner means a convicted person on whom a punishment of imprisonment has been imposed.
proclaimed date means the date fixed for the purposes of subsection 2(2).
prohibited drug means:
(a)
a border controlled drug (within the meaning of Part 9.1 of the Criminal Code); or
(b)
a border controlled plant (within the meaning of Part 9.1 of the Criminal Code); or
(c)
an anabolic steroid (within the meaning of Part 8 of the Crimes Act 1900 of the Australian Capital Territory).
property includes:
(a)
real property; and
(b)
personal property; and
(c)
money; and
(d)
a thing in action or other intangible property; and
(e)
electricity; and
(f)
a wild creature that is:
(i)
tamed; or
(ii)
ordinarily kept in captivity; or
(iii)
reduced (or in the course of being reduced) into the possession of a person.
public place, in relation to a service offence, includes a place that at the time of the commission of the offence:
(a)
was used by the public; or
(b)
was open to the public, whether or not on the payment of money.
punishment includes a combination of punishments.
receive, in relation to property, includes handle, retain, remove, dispose of or realize the property.
reduced punishment has the meaning given by subsection 9G(3).
Registrar means the Registrar of Military Justice appointed under section 188FB.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant Territory offence, in relation to an offence against section 61, means the Territory offence on which the offence against section 61 is based.
removal order means an order under subsection 84A(2).
reparation order means an order under section 84.
Reserves means the Naval Reserve, the Army Reserve and the Air Force Reserve.
restitution order means an order under section 83.
review means a review by a reviewing authority, or by the Chief of the Defence Force or a service chief, in accordance with Part VIIIA, of the proceedings of a service tribunal.
reviewing authority means a reviewing authority appointed under section 150.
rules of procedure means the following:
(a)
the Summary Authority Rules;
(b)
the Court Martial and Defence Force Magistrate Rules.
sailor means a member of the Australian Navy, not being an officer.
Schedule 1A offence means:
(a)
an offence specified in Schedule 1A; or
(b)
an offence that is an ancillary offence in relation to an offence referred to in paragraph (a).
senior discipline officer has the meaning given by subsection 9H(5).
service chief means the Chief of Navy, the Chief of Army or the Chief of Air Force.
service land means land (including a building or other structure) used or occupied by:
(a)
the Defence Force;
(b)
an allied force; or
(c)
an institution of the Defence Force or of an allied force.
service offence means:
(a)
an offence against this Act or the regulations;
(b)
an offence that:
(i)
is an ancillary offence in relation to an offence against this Act or the regulations; and
(ii)
was committed by a person at a time when the person was a defence member or a defence civilian.
Note: A service offence is an offence against a law of the Commonwealth: see section 3A.
service police officer means an officer who is a member of a police corps or service, and includes a provost marshal and a deputy provost marshal.
service property means property used by, or in the possession or under the control of:
(a)
the Defence Force;
(b)
an allied force; or
(c)
an institution of the Defence Force or of an allied force;
and service aircraft, service armoured vehicle, service missile, service ship, service vehicle and service weapon have corresponding meanings.
service tribunal means a court martial, a Defence Force magistrate or a summary authority.
ship means a vessel or boat of any description, and includes:
(a)
any floating structure; and
(b)
any air cushion vehicle.
soldier means a member of the Australian Army, not being an officer.
summary authority means:
(a)
a superior summary authority; or
(b)
a commanding officer.
Summary Authority Rules means the rules made under section 149.
superior authority means a superior authority appointed under section 5A.
superior officer, in relation to a member of the Defence Force, means another member of the Defence Force who holds a higher rank, or a higher relative rank, in the Defence Force than the member, and includes any other member of the Defence Force who, by virtue of his or her office or appointment, is entitled to exercise command over the member.
superior summary authority means a superior summary authority appointed under section 105.
Territory offence means:
(a)
an offence against a law of the Commonwealth in force in the Jervis Bay Territory other than this Act or the regulations; or
(b)
an offence punishable under any other law in force in the Jervis Bay Territory (including any unwritten law) creating offences or imposing criminal liability for offences.
Note 1: Paragraph (a) of this definition includes an offence (an ancillary Territory offence) against section 11.1 (attempt), section 11.4 (incitement) or section 11.5 (conspiracy) of the Criminal Code or section 6 (accessory after the fact) of the Crimes Act 1914 in relation to another Territory offence within the meaning of that paragraph.
Note 2: Paragraph (b) of this definition includes an offence (an ancillary Territory offence) against section 44 (attempt), section 47 (incitement) or section 48 (conspiracy) of the Criminal Code 2002 of the Australian Capital Territory or section 181 (accessory after the fact) of the Crimes Act 1900 of the Australian Capital Territory in relation to another Territory offence within the meaning of that paragraph.
Note 3: The laws of the Australian Capital Territory in force in the Jervis Bay Territory apply, and Chapter 2 of the Criminal Code does not apply, for the purpose of determining criminal liability for offences referred to in paragraph (b) of this definition.
the enemy means a body politic or an armed force engaged in operations of war against Australia or an allied force and includes any force (including mutineers and pirates) engaged in armed hostilities against the Defence Force or an allied force.
video link means facilities (for example, closed‑circuit television facilities) that enable audio and visual communication between persons in different places.
warrant officer means a sailor, soldier or airman who holds the rank of warrant officer.
(2)
A reference in this Act to the Defence Force shall be read as including a reference to a part of that Force.
(3)
A reference in this Act to an arm of the Defence Force shall be read as a reference to the Australian Navy, the Australian Army or the Australian Air Force, as the case may be.
(3A)
Before the Governor‑General makes a regulation prescribing a provision of a law for the purposes of paragraph (e) of the definition of ancillary Territory offence in subsection (1), the Minister must be satisfied that the provision is equivalent to, or has the same effect as, a provision referred to in paragraph (c) or (d) of that definition.
(4)
For the purposes of subparagraph (b)(ii) of the definition of defence member in subsection (1):
(a)
a member of the Reserves is taken to be on duty from the time appointed for him or her to report to, or to attend at, a specified place for any naval, military or air force service that he or she is required to render by or under the Defence Act 1903 until he or she is released or discharged from that service; and

(b)
a member of the Reserves is taken to be on duty while acting, or purporting to act, in his or her capacity as a member of the Reserves.
(5)
A member of the Defence Force who is serving in a rank or grade to which the member has not been duly appointed or promoted shall, while so serving in that rank or grade, be deemed, for the purposes of this Act, to hold that rank or grade.
(6)
A member of the Defence Force who holds a rank temporarily (however described) shall, while so holding that rank, be deemed, for the purposes of this Act, to hold that rank.
(7)
For the purposes of this Act, a person’s membership of the Defence Force is not affected by reason only of the person’s attachment to, or allotment for duty with:
(a)
the armed forces of another country;
(b)
a force raised or organized by the United Nations or another international body; or
(c)
a Peacekeeping Force within the meaning of Part IV of the Veterans’ Entitlements Act 1986.
(8)
For the purposes of this Act, a comparison of the severity of a combination of punishments with that of a single punishment or of another combination of punishments shall be made as follows:
(a)
any punishment on one side of the comparison that is the same as a punishment on the other side of the comparison shall be disregarded;
(b)
if, after the operation of paragraph (a), 2 or more punishments remain for consideration on either side of the comparison, regard shall be had only to the more severe, or the most severe, of the punishments so remaining on that side.
(9)
A reference in this Act to the amount of a convicted person’s pay for a specific number of days (including a person who has no pay entitlement in respect of the day on which he or she was convicted) shall be read as a reference to an amount that is the product of:
(a)
the amount that is to be taken, for the purposes of this Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which the person is included, being an amount ascertained in accordance with regulations that are in force for the purposes of this paragraph and are applicable in respect of the day on which the person was so convicted; and
(b)
the number of days specified in the reference.
(10)
Regulations made for the purposes of paragraph (9)(a) may provide for an amount of daily rate of pay to be ascertained by reference to a determination under section 58H of the Defence Act 1903 as in force at a particular time or as in force from time to time.
Note: In addition, section 14 of the Legislation Act 2003 allows regulations to prescribe matters by reference to disallowable legislative instruments as in force at a particular time or from time to time. That section would, for example, allow a regulation to prescribe matters by reference to a determination under section 58B of the Defence Act 1903 as in force at a particular time or from time to time.
(11)
A reference to a commanding officer in a provision of this Act that confers a power on a commanding officer includes:
(a)
a reference to an officer performing the duties and functions of a commanding officer by virtue of:
(i)
a direction given by means of a Defence Instruction; or
(ii)
an order, instruction or directive issued by, or under the authority of, the Chief of the Defence Force or a service chief; and
(b)
a reference to an officer appointed under subsection 5(1) whose instrument of appointment under that section authorizes the officer to exercise that power;
but does not include a reference to an officer in respect of whom a determination relating to the exercise of that power is in force under subsection 5(3).
(12)
A reference in this Act to a person who is on guard duty shall be read as including a reference to a person who:
(a)
is posted or ordered to patrol; or
(b)
is a member of a guard or other party mounted or ordered to patrol;
for the purpose of:
(c)
protecting any person, any premises or place or any ship, vehicle, aircraft or other thing;
(d)
preventing or controlling access to, or egress from, any premises or place or any ship, vehicle, aircraft or other thing; or
(e)
regulating traffic by land or water.
(16)
Where:
(a)
a detainee is granted leave of absence from a detention centre; and
(b)
the detainee refuses or fails to return to the detention centre before the end of the leave of absence;
the detainee shall be taken, for the purposes of this Act, to have escaped from custody and from the detention centre.
(17)
A reference in a provision of this Act to the officer in charge of a detention centre is a reference to the officer who is responsible for the administration of the detention centre, and includes a reference to a member of the Defence Force, or to a member of the Defence Force included in a class of members of the Defence Force, authorized by a commanding officer, in writing, for the purposes of the provision in relation to the detention centre.
(18)
The provisions of this Act in so far as they protect the individual are in addition to, and not in derogation of, any rights and freedoms of the individual, whether under the law of the Commonwealth or of a State or Territory, and this Act is not intended to exclude or limit the operation of any law of the Commonwealth or of a State or Territory providing for those rights and freedoms in so far as it is capable of operating concurrently with this Act.

3ACharacter of service offences

For the purposes of any law of the Commonwealth other than this Act or the regulations, a service offence is an offence against a law of the Commonwealth.

4Declaration of active service for disciplinary purposes

(1)
The Governor‑General may declare, in writing:
(a)
a specified force to be on active service for the purposes of this Act; or
(b)
defence force members who are serving in a specified area to be on active service for the purposes of this Act.
(2)
A declaration under subsection (1) is a legislative instrument.

5Commanding officers for disciplinary purposes

(1)
For the purposes of this Act, the Chief of the Defence Force or a service chief or an authorized officer may, by instrument in writing, appoint an officer to exercise all the powers conferred on a commanding officer by or under this Act or such of those powers as are specified in the instrument of appointment.
(2)
An instrument of appointment under subsection (1) takes effect on the date of the instrument or on such later date as is specified in the instrument.
(3)
For the purposes of this Act, the Chief of the Defence Force or a service chief or an authorized officer may, by instrument in writing, determine that a commanding officer shall not exercise the powers conferred on a commanding officer by or under this Act or such of those powers as are specified in the instrument.
(4)
A determination under subsection (3) takes effect on the date of the instrument or on such later date as is specified in the determination.

5AAppointment of superior authority

The Chief of the Defence Force or a service chief may, by instrument in writing, appoint an officer, or each officer included in a class of officers, to be a superior authority for the purpose of:
(a)
representing the interests of the Defence Force in relation to charges that are being considered by the Director of Military Prosecutions for possible trial by a Defence Force magistrate or a court martial; and
(b)
exercising the powers and performing the functions conferred on superior authorities by or under this Act or the regulations.

6Further provision with respect to certain members of the Defence Force

(1)
In this section, prescribed class, in relation to members of the Defence Force, means any of the following classes of such members:
(a)
chaplains;
(b)
members who have not attained the age of 18 years;
(c)
members receiving instruction or training.
(2)
The regulations may make further provision relating to the discipline of members of the Defence Force included in a prescribed class and, in particular, may make provision for:
(a)
the exemption of those members from any provision of this Act, other than this section; and
(b)
the modification of any provision of this Act, other than this section or subsection 68(1) or 68A(1), so far as it relates to those members.
(3)
Regulations made by virtue of subsection (2) shall not modify a provision of this Act so as to increase the severity of the punishment provided by this Act for a service offence.

7Prisoners of war

(1)
This Act (including the regulations and the rules of procedure) applies to, and in relation to, prisoners of war as if prisoners of war were members of the Defence Force and also defence members.
(2)
The regulations may make further provision relating to the discipline of prisoners of war and, in particular, may make provision for:
(a)
the exemption of prisoners of war from any provision of this Act, other than this section; and
(b)
the modification of any provision of this Act, other than this section or subsection 68(1) or 68A(1), so far as it relates to prisoners of war.
(2A)
Regulations made by virtue of subsection (2) shall not modify a provision of this Act so as to increase the severity of the punishment provided by this Act for a service offence.
(3)
The operation of this section is subject to the Convention and to the Geneva Conventions Act 1957.
(4)
In this section:
Convention means the Third Convention, within the meaning of the Geneva Conventions Act 1957, being that Convention as having effect subject to and in accordance with any reservation or declaration referred to in subsection 5(3) of that Act.
prisoner of war means a protected prisoner of war as defined in subsection 5(2) of the Geneva Conventions Act 1957 for whom Australia is responsible.

8Extension to external Territories

This Act extends to every external Territory.

9Extra‑territorial operation of Act

The provisions of this Act apply, according to their tenor, both in and outside Australia but do not apply in relation to any person outside Australia unless that person is a defence member or a defence civilian.

Part IADisciplinary infringementsDivision 1Introduction9ASimplified outline of this Part

A prescribed defence member (a junior officer or lower rank) may elect to be dealt with under the infringement scheme in this Part in relation to a disciplinary infringement if the member has been given an infringement notice in relation to the infringement. By electing, the member is taken to have admitted the infringement for the purposes of being dealt with under the infringement scheme.
Disciplinary infringements are not service offences. However, if a prescribed defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement (see subsection 9C(3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement.
Disciplinary infringements are dealt with by discipline officers and senior discipline officers who may decide to:
(a)
impose a punishment; or
(b)
not impose a punishment if the infringement is trivial; or
(c)
dismiss the infringement if the member has a reasonable excuse; or
(d)
decline to deal with the infringement if it is too serious to be dealt with under this Part.
Discipline officers may only deal with a contravention of a minor disciplinary infringement provision. Senior discipline officers may deal with a contravention of any disciplinary infringement provision and may impose a higher punishment. There are other limitations on the jurisdiction of a discipline officer or senior discipline officer (see section 9F).
A decision by a senior discipline officer to impose a punishment is reviewed by a commanding officer. The commanding officer may confirm the decision or substitute the decision with a decision to impose a reduced punishment or no punishment or to dismiss the infringement with no punishment.

9BObject of this Part

The object of this Part is to provide a means of dealing with minor service discipline matters which:
(a)
is fair and efficient; and
(b)
meets the disciplinary needs of the Defence Force.

Division 2Key provisions9CElection to be dealt with under the infringement scheme

(1)
A prescribed defence member may elect to be dealt with under the infringement scheme in relation to a disciplinary infringement if:
(a)
the member has been given an infringement notice in relation to the infringement; and
(b)
the election is made within the period specified in the infringement notice.
Note: If the member elects, the member will be taken to have admitted to committing the disciplinary infringement for the purpose of being dealt with under the infringement scheme: see section 9EB.
(2)
If a prescribed defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement (see subsection (3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement.
Note: If a prescribed defence member has been charged under this Act for an offence arising out of a disciplinary infringement, there is no jurisdiction to deal with the member under the infringement scheme in relation to the infringement: see section 9F.
(3)
A prescribed defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement if a discipline officer or senior discipline officer has made one of the following decisions in relation to the infringement (whether or not the decision has been substituted on review under section 9G):
(a)
a decision under paragraph 9FB(1)(a) to impose a punishment;
(b)
a decision under paragraph 9FB(1)(b) not to impose a punishment;
(c)
a decision under paragraph 9FB(1)(c) to dismiss the infringement.
Note: A discipline officer or senior discipline officer may also make a decision under paragraph 9FB(1)(d) to decline to deal with a disciplinary infringement. In this case, the defence member may be tried by a service tribunal for an offence arising out of the infringement.

9CAPrescribed defence member

(1)
A prescribed defence member is:
(a)
in the Navy—a defence member who holds a rank of or below the rank of lieutenant; or
(b)
in the Army—a defence member who holds a rank of or below the rank of captain; or
(c)
in the Air Force—a defence member who holds a rank of or below the rank of flight lieutenant;
but does not include a member covered by a determination in force under subsection (2).
(2)
A service chief may, by legislative instrument, determine that any of the following is not a prescribed defence member:
(a)
a specified defence member, or each member of a specified class of defence members, holding the rank of warrant officer;
(b)
a specified defence member, or each member of a specified class of defence members, holding the rank of chief petty officer;
(c)
a specified defence member, or each member of a specified class of defence members, holding the rank of flight sergeant.

Division 3Disciplinary infringement provisionsSubdivision AKey concepts9DWhen a disciplinary infringement is committed

(1)
A disciplinary infringement is a contravention of a disciplinary infringement provision. If a prescribed defence member contravenes a disciplinary infringement provision, the member commits a disciplinary infringement.
(2)
A provision in Subdivision B or C is a disciplinary infringement provision.
Note: For the punishments that may be imposed on a prescribed defence member who commits a disciplinary infringement, see section 9FB.
(3)
A provision in Subdivision B is a minor disciplinary infringement provision.
Note: Discipline officers may only deal with contraventions of minor disciplinary infringement provisions. Senior discipline officers may deal with a contravention of any disciplinary infringement provision: see section 9F.
(4)
To avoid doubt, a disciplinary infringement is not a service offence.
Note: For the meaning of service offence, see subsection 3(1).

Subdivision BMinor disciplinary infringement provisions9DADisciplinary infringement provision – absent from duty

(1)
A prescribed defence member contravenes this subsection if the member:
(a)
is required to attend for duty; and
(b)
does not attend for the duty.
(2)
A prescribed defence member contravenes this subsection if the member:
(a)
is required to perform a duty; and
(b)
ceases to perform the duty before the member is permitted to do so.

9DBDisciplinary infringement provision – absent without leave not exceeding 3 hours

A prescribed defence member contravenes this section if the member:
(a)
is absent without leave; and
(b)
the absence is for a period not exceeding 3 hours.
Note: A senior discipline officer may also have jurisdiction to deal with a contravention of the disciplinary infringement provision in section 9DH which covers absence without leave for a period not exceeding 24 hours.

9DCDisciplinary infringement provision – disobeying a lawful command

A prescribed defence member contravenes this section if:
(a)
a person gives the member a lawful command; and
(b)
the person giving the command is a superior officer; and
(c)
the member disobeys the command.

9DDDisciplinary infringement provision – failing to comply with a general order

A prescribed defence member contravenes this section if:
(a)
a lawful general order applies to the member; and
(b)
the member does not comply with the order.

9DEDisciplinary infringement provision – member on guard or on watch

A prescribed defence member contravenes this section if the member is on guard duty or on watch and the member:
(a)
sleeps at the member’s post or on watch; or
(b)
is not on duty at a post but sleeps when the member’s duty requires the member to be awake; or
(c)
is intoxicated; or
(d)
leaves the member’s post before being regularly relieved or otherwise absents himself or herself from a place where it is the member’s duty to be.
Note: For the meaning of intoxicated, see subsection 3(1).

9DFDisciplinary infringement provision – failure to perform duty or carry out activity

A prescribed defence member contravenes this section if:
(a)
the member’s office or appointment, or the requirements of the Defence Force, require the member to perform a duty or carry out an activity; and
(b)
the member fails to perform the duty or carry out the activity.

9DGDisciplinary infringement provision – prejudicial conduct

(1)
A prescribed defence member contravenes this subsection if the member does an act that is likely to prejudice the discipline of, or bring discredit on, the Defence Force.
(2)
A prescribed defence member contravenes this subsection if the member:
(a)
omits to perform an act; and
(b)
the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

Subdivision CDisciplinary infringement provisions only within jurisdiction of senior discipline officers9DHDisciplinary infringement provision – absent without leave not exceeding 24 hours

A prescribed defence member contravenes this section if the member:
(a)
is absent without leave; and
(b)
the absence is for a period not exceeding 24 hours.
Note: A senior discipline officer may also have jurisdiction to deal with a contravention of the disciplinary infringement provision in section 9DB which covers absence without leave for a period not exceeding 3 hours.

9DIDisciplinary infringement provision – insubordinate conduct

(1)
A prescribed defence member contravenes this subsection if:
(a)
the member engages in conduct that is threatening, insubordinate or insulting to a person; and
(b)
the person is a superior officer.
(2)
A prescribed defence member contravenes this subsection if:
(a)
the member uses language that is threatening, insubordinate or insulting about a person; and
(b)
the language is used in that person’s presence; and
(c)
the person is a superior officer.

9DJDisciplinary infringement provision – creating a disturbance etc.

A prescribed defence member contravenes this section if:
(a)
the member is on service land, in a service ship, service aircraft or service vehicle or in a public place; and
(b)
the member creates a disturbance or takes part in creating or continuing a disturbance.

9DKDisciplinary infringement provision – insulting or provocative words

A prescribed defence member contravenes this section if:

(a)
the member is on service land, in a service ship, service aircraft or service vehicle or in a public place; and
(b)
the member uses insulting or provocative words to another person.

9DLDisciplinary infringement provision – unauthorised discharge of weapon

A prescribed defence member contravenes this section if:
(a)
the member engages in conduct; and
(b)
the conduct causes, or contributes to, the discharge of a weapon; and
(c)
the discharge of the weapon is not authorised.

9DMDisciplinary infringement provision – negligent discharge of weapon

(1)
A prescribed defence member contravenes this subsection if:
(a)
the member engages in conduct; and
(b)
the conduct causes, or contributes to, the discharge of a weapon; and
(c)
the member is negligent as to that result.
(2)
For the purposes of paragraph (1)(c), in deciding whether the prescribed defence member is negligent, to the extent that it is required to have regard to the standard of care of a reasonable person to make that decision, regard is to be had to the standard of care that would have been exercised by a reasonable person who:
(a)
was a defence member with the same training and experience in the Defence Force or other armed force as the prescribed defence member; and
(b)
was engaged in the conduct in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.

9DNDisciplinary infringement provision – intoxicated while on duty etc.

A prescribed defence member contravenes this section if:
(a)
the member is on duty, or reports or should report for duty; and
(b)
the member is intoxicated.
Note: For the meaning of intoxicated, see subsection 3(1).

9DODisciplinary infringement provision – driving a service vehicle for unauthorised purpose

A prescribed defence member contravenes this section if:
(a)
the member:
(i)
drives a service vehicle in any place, whether a public place or not; and
(ii)
is not authorised to drive that vehicle; or
(b)
the member uses a service vehicle for an unauthorised purpose.

9DPDisciplinary infringement provision – driving without due care or attention etc.

(1)
A prescribed defence member contravenes this subsection if:
(a)
the member drives a service vehicle in any place, whether a public place or not; and
(b)
the member does so without due care and attention or without reasonable consideration for another person in that place.
(2)
A prescribed defence member contravenes this subsection if:
(a)
the member drives a vehicle on service land; and
(b)
the member does so without due care and attention or without reasonable consideration for another person on that land.

Division 4Election to be dealt with under the infringement scheme9EInfringement officer may give infringement notice

(1)
If an infringement officer:
(a)
believes, on reasonable grounds, that a prescribed defence member has committed a disciplinary infringement; and
(b)
believes, on reasonable grounds, that the member does not have a reasonable excuse for committing the infringement;
the infringement officer may give the member an infringement notice in relation to the infringement.
(2)
The infringement notice must be given as soon as is reasonably practicable after the infringement officer first has reasonable grounds for believing that the member has committed the infringement.
(3)
The infringement notice must:
(a)
give particulars of the infringement to which the notice relates; and
(b)
inform the member of the following:
(i)
the member’s right to elect to be dealt with under the infringement scheme in relation to the infringement;
(ii)
that, if the member so elects, the member will be taken to have admitted committing the infringement for the purposes of being dealt with under the infringement scheme in relation to the infringement;
(iii)
the period within which the election must be made;
(iv)
whether the member will be dealt with by a discipline officer or a senior discipline officer;
(v)
the penalties that may be imposed by that kind of officer; and
(c)
inform the member that:
(i)
if the member has been dealt with under the infringement scheme in relation to the disciplinary infringement (see subsection 9C(3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement; and
(ii)
if the member does not so elect, the infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.
(4)
An infringement notice must be in accordance with a form approved by the Chief of the Defence Force.

9EAElection may be withdrawn

A prescribed defence member may, at any time before a decision is made under section 9FB in relation to a disciplinary infringement, withdraw an election to be dealt with under the infringement scheme in relation to the disciplinary infringement.

9EBMember is taken to have admitted the infringement only for the purpose of being dealt with under the infringement scheme

If a prescribed defence member elects to be dealt with under the infringement scheme in relation to a disciplinary infringement, the member is taken, for the purpose of being so dealt with but for no other purpose, to have admitted committing the infringement.

9ECConsequence of no election or withdrawing election

If a prescribed defence member is given an infringement notice in relation to a disciplinary infringement and:
(a)
the member does not make an election within the period specified in the notice; or
(b)
the member withdraws the election;
an infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.
Note: The election may be withdrawn at any time before a decision is made under section 9FB in relation to the disciplinary infringement: see section 9EA.

Division 5Dealing with disciplinary infringements9FJurisdiction to deal with a disciplinary infringement

Discipline officer
(1)
A discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:
(a)
the member has not been charged under this Act with an offence arising out of the infringement; and
(b)
the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and
(c)
the member has not withdrawn the election; and
(d)
the member is of a kind of prescribed defence member specified in the officer’s instrument of appointment (see section 9H); and
(e)
the member:
(i)
holds the rank of officer cadet; or
(ii)
if the member is a junior officer—is at least one rank junior to the discipline officer; or
(iii)
otherwise—is at least 2 ranks junior to the officer; and
(f)
the infringement is:
(i)
a contravention of a minor disciplinary infringement provision; and
(ii)
of a kind specified in the officer’s instrument of appointment (see section 9H).
Senior discipline officer
(2)
A senior discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:
(a)
the member has not been charged under this Act with an offence arising out of the infringement; and
(b)
the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and
(c)
the member has not withdrawn the election; and
(d)
the member is of a kind of prescribed defence member specified in the officer’s instrument of appointment (see section 9H); and
(e)
the member is at least one rank junior to the officer; and
(f)
the infringement is of a kind specified in the officer’s instrument of appointment (see section 9H).
A discipline officer or senior discipline officer is not a service tribunal
(3)
To avoid doubt, the exercise of jurisdiction by a discipline officer or senior discipline officer under this Part is not the exercise of jurisdiction by a service tribunal.
Note: For the meaning of service tribunal, see subsection 3(1).

9FAProcedure in dealing with disciplinary infringements

(1)
Subject to this section, the procedure followed by a discipline officer or a senior discipline officer in dealing with a prescribed defence member under the disciplinary infringement scheme in relation to a disciplinary infringement is to be in accordance with any requirements specified by the Chief of the Defence Force.
(2)
The Chief of the Defence Force may, by legislative instrument, specify requirements for the purpose of subsection (1).
(3)
The prescribed defence member is not to be represented before the discipline officer or senior discipline officer.
(4)
The prescribed defence member may, when the member appears before the discipline officer or senior discipline officer, call witnesses and present evidence in relation to anything relevant to the exercise of the officer’s powers under section 9FB.

9FBDecisions that may be made by discipline officers or senior discipline officers in dealing with disciplinary infringements

(1)
A discipline officer or senior discipline officer, in dealing with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement, may decide:
(a)
to impose a punishment on the member in accordance with subsection (2); or
(b)
if the officer considers that the infringement is trivial—not to impose a punishment on the member; or
(c)
if the officer considers that the member has a reasonable excuse for committing the infringement—to dismiss the infringement; or
(d)
if the officer considers that the infringement is too serious to be dealt with under this Part—to decline to deal with the infringement.
Note 1: If a decision under paragraph (a), (b) or (c) is made the member cannot be tried by a service tribunal for an offence arising out of the infringement, see subsections 9C(2) and (3).
Note 2: If a decision is made under paragraph (d) to decline to deal with the member, the member may be tried by a service tribunal for an offence arising out of the infringement.
Decision to impose a punishment
(2)
The following table sets out the punishments that may be imposed by the discipline officer or senior discipline officer in relation to the disciplinary infringement.

Disciplinary infringement punishments
Item	Column 1 Kind of officer	Column 2 Punishment
1	Discipline officer	Fine not exceeding the amount of the defence member’s pay for one day Restriction of privileges for a period not exceeding 2 days Stoppage of leave for a period not exceeding 3 days Extra duties for a period not exceeding 3 days Extra drill for no more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand
2	Senior discipline officer	Fine not exceeding the amount of the defence member’s pay for 3 days Severe reprimand Restriction of privileges for a period not exceeding 7 days Stoppage of leave for a period not exceeding 7 days Extra duties for a period not exceeding 7 days Extra drill for no more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand

Decision to dismiss the infringement
(3)
If the discipline officer or senior discipline officer decides to dismiss the disciplinary infringement, no punishment may be imposed in relation to the infringement under this Part.
Decision to decline to deal with the infringement
(4)
If the discipline officer or senior discipline officer decides to decline to deal with the disciplinary infringement, an infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.

9FCCommencement of punishments

(1)
A decision by a discipline officer or senior discipline officer to impose a punishment takes effect:
(a)
if the punishment is imposed for a period—from the start of the period specified in the decision, which must be a period starting on a day not later than 14 days after the decision is made; or
(b)
in any other case—at the time the decision is made.
(2)
However, if a decision by a senior discipline officer to impose a punishment is substituted by a decision of a commanding officer under subsection 9G(2), the punishment imposed by the senior discipline officer ceases to have effect at the time the substituted decision is made.
Note: The substituted decision takes effect at the time specified in the substituted decision: see subsection 9G(4).
(3)
This section has effect subject to subsection 9J(4).

Division 6Command review of decisions of senior discipline officers9GCommand review of decisions of senior discipline officers

(1)
A commanding officer must review a decision by a senior discipline officer under paragraph 9FB(1)(a) to impose a punishment on a prescribed defence member in relation to a disciplinary infringement.
Note: For the conferral of powers of a commanding officer under this Part, see section 5.
(2)
As soon as practicable after the decision is made by the senior discipline officer, the commanding officer must make one of the following decisions:
(a)
a decision to confirm the senior discipline officer’s decision to impose the punishment;
(b)
a decision to substitute the senior discipline officer’s decision with a decision that:
(i)
a reduced punishment is imposed; or
(ii)
no punishment is imposed; or
(iii)
the infringement is dismissed and no punishment is imposed.
Note: Regardless of whether the decision is confirmed or substituted, the prescribed defence member has been dealt with under the infringement scheme in relation to the infringement: see subsection 9C(3).
(3)
A reduced punishment is:
(a)
if the punishment is for or relates to a period—the same punishment for or relating to a lesser period; or
(b)
if the punishment is a fine—a lower fine; or
(c)
any other punishment that occurs after that punishment in column 2 of item 2 of the table in subsection 9FB(2).
(4)
A substituted decision takes effect at the time specified in the decision, which may be a time before the substituted decision is made.
(5)
This section has effect subject to subsection 9J(4).

Division 7Discipline officers, senior discipline officers and infringement officers9HAppointment of discipline officers and senior discipline officers

Discipline officers
(1)
A commanding officer may, by instrument in writing, appoint any of the following defence members to be discipline officers:
(a)
officers (other than officer cadets);
(b)
warrant officers;
(c)
chief petty officers;
(d)
flight sergeants.
Note: For the conferral of powers of a commanding officer under this Part, see section 5.
(2)
A member appointed under subsection (1) is a discipline officer.
(3)
The commanding officer must specify in the member’s instrument of appointment the kinds of prescribed defence members and kinds of disciplinary infringements that the member may deal with as a discipline officer.
Note: There are also other limits on the kinds of prescribed defence members and disciplinary infringements a discipline officer may deal with: see subsection 9F(1).
Senior discipline officers
(4)
A commanding officer may, by instrument in writing, appoint defence members who hold any of the following ranks to be senior discipline officers:
(a)
in any case—a rank of or above lieutenant commander, major or squadron leader;
(b)
if the commanding officer is a lieutenant commander, major or squadron leader—a rank of lieutenant in the Navy, captain in the Army or flight lieutenant.
Note: For the conferral of powers of a commanding officer under this Part, see section 5.
(5)
A member appointed under subsection (4) is a senior discipline officer.
(6)
The commanding officer must specify in the member’s instrument of appointment the kinds of prescribed defence members and kinds of disciplinary infringements that the member may deal with as a senior discipline officer.
Note: There are also other limits on the kinds of prescribed defence members a senior discipline officer may deal with: see subsection 9F(2).

9HAAppointment of infringement officers

(1)
A commanding officer may, by instrument in writing, appoint defence members who hold a rank of or above non‑commissioned officer to be infringement officers.
Note: For the conferral of powers of a commanding officer under this Part, see section 5.
(2)
A member appointed under subsection (1) is an infringement officer.

Division 8Miscellaneous9JConsequences of punishments

(1)
The Chief of the Defence Force or a service chief may, by legislative instrument, make rules with respect to the consequences, in relation to a prescribed defence member, that are to flow from the imposition under this Part on that member of any of the following punishments:
(a)
restriction of privileges;
(b)
stoppage of leave;
(c)
extra duties;
(d)
extra drill.
(2)
The commanding officer of a prescribed defence member who is subject to a punishment referred to in paragraph (1)(a) or (c) may moderate the consequences of that punishment in relation to the member in such manner as the commanding officer considers appropriate, having regard to the particular circumstances of the case and to any directions, in writing, of the Chief of the Defence Force or a service chief.
(3)
A direction made under subsection (2) is not a legislative instrument.
(4)
Even if a prescribed defence member is subject to a punishment of stoppage of leave, the commanding officer of the member may, if satisfied that it is appropriate to do so, grant leave of absence to the member.

9JAMonthly report by discipline officers and senior discipline officers

(1)
As soon as practicable after the end of each month, each discipline officer and senior discipline officer must give a report in accordance with subsection (2) to the officer’s commanding officer.
(2)
The report must be in writing and must contain in relation to each disciplinary infringement dealt with by the officer under this Part in the month:
(a)
the name of the prescribed defence member; and
(b)
the nature of the disciplinary infringement; and
(c)
the decision made under subsection 9FB(1).
Note: A report under this section is a Part IA record for the purposes of section 9JB.

9JBRecords relating to disciplinary infringements

(1)
The Chief of the Defence Force may, by legislative instrument, make rules for, or in relation to, the following:
(a)
the keeping of Part IA records;
(b)
the retention, use or destruction of Part IA records.
(2)
A Part IA record is any part of a record that:
(a)
relates to a person’s service as a defence member; and
(b)
is kept by any means under a law of the Commonwealth; and
(c)
relates to this Part.
(3)
A person must comply with any rules made under subsection (1).

Part IICriminal liability 10Application of the Criminal Code

Chapter 2 of the Criminal Code applies to all service offences.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

11Recklessness and negligence in relation to a member of the Defence Force

(1)
Where a member of the Defence Force is charged with a service offence arising out of activities (in this subsection referred to as the relevant activities) upon which the member was engaged in the course of the member’s duty or in accordance with the requirements of the Defence Force, a service tribunal, in deciding whether the member, by act or omission, behaved recklessly shall have regard to the fact that the member was engaged in the relevant activities in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.
(2)
Where a member of the Defence Force is charged with a service offence arising out of activities (in this subsection referred to as the relevant activities) upon which the member was engaged in the course of the member’s duty or in accordance with the requirements of the Defence Force, a service tribunal, in deciding whether the member, by act or omission, behaved negligently, shall, to the extent that it is required, for that purpose, to have regard to the standard of care of a reasonable person, have regard to the standard of care that would have been exercised by a reasonable person who:

(a)
was a member of the Defence Force with the same training and experience in the Defence Force or other armed force as the member charged; and
(b)
was engaged in the relevant activities in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.
(3)
This section does not, except to the extent expressly provided, affect, modify or alter the application of Chapter 2 of the Criminal Code to service offences.
(3A)
In particular, subsections (1) and (2) merely provide for matters to which a service tribunal must have regard in deciding whether a member was reckless, or negligent. They do not alter the definitions of recklessness and negligence in sections 5.4 and 5.5 of the Criminal Code.
(3B)
Subsections (1) and (2) do not limit the matters to which a service tribunal may have regard.

14Act or omission in execution of law etc.

A person is not liable to be convicted of a service offence by reason of an act or omission that:
(a)
was in execution of the law; or
(b)
was in obedience to:
(i)
a lawful order; or
(ii)
an unlawful order that the person did not know, and could not reasonably be expected to have known, was unlawful.

Part IIIOffencesDivision 1Offences relating to operations against the enemy15Abandoning or surrendering a post etc.

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person has a duty to defend or destroy a place, post, service ship, service aircraft or service armoured vehicle; and
(b)
the person knows of that duty; and
(c)
the person abandons or surrenders to the enemy the place or thing mentioned in paragraph (a).
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15ACausing the capture or destruction of a service ship, aircraft or vehicle

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person engages in conduct; and
(b)
the conduct causes the capture or destruction by the enemy of a service ship, service aircraft or service armoured vehicle; and
(c)
by engaging in the conduct, the person intends to bring about that result.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15BAiding the enemy while captured

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person is captured by the enemy; and
(b)
the person serves with the enemy, aids the enemy in prosecuting hostilities or measures likely to influence morale or aids the enemy in any other manner that is not authorised by international law.
Maximum punishment: Imprisonment for life.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15CProviding the enemy with material assistance

(1)
A person who is a defence member or a defence civilian commits an offence if the person provides the enemy with, or permits or enables the enemy to have access to, arms, ammunition, vehicles, supplies of any description or any other thing likely to assist the enemy.
Maximum punishment: Imprisonment for life.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15DHarbouring enemies

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person harbours or protects another person; and
(b)
that other person is an enemy person; and
(c)
that other person is not a prisoner of war; and
(d)
the first‑mentioned person knows that the other person is an enemy person.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15EOffences relating to signals and messages

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person is engaged on service in connection with operations against the enemy; and
(b)
the person:
(i)
gives a signal, message or other communication that the person knows to be false; or
(ii)
alters or interferes with a signal, message or other communication; or
(iii)
alters or interferes with apparatus for giving or receiving a signal, message or other communication.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15FFailing to carry out orders

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person:
(i)
is ordered by his or her superior officer to prepare for, or to carry out, operations against the enemy; or
(ii)
is otherwise under orders to prepare for, or to carry out, operations against the enemy; and
(b)
the person does not use his or her utmost exertions to carry those orders into effect.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

15GImperilling the success of operations

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person engages in any conduct; and
(b)
the conduct imperils the success of operations against the enemy.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

16Communicating with the enemy

(1)
A person who is a defence member or a defence civilian commits an offence if the person communicates with, or gives intelligence to, the enemy.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.

16AFailing to report information received from the enemy

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person receives information from the enemy; and
(b)
the person does not make the information known to proper authority; and
(c)
the information is likely to be directly or indirectly useful in operations against the enemy; and
(d)
the person knows or could reasonably be expected to know that the information is likely to be directly or indirectly useful in operations against the enemy.
Maximum punishment: Imprisonment for 15 years.
(2)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

16BOffence committed with intent to assist the enemy

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person engages in conduct that constitutes an offence against any of sections 15 to 16A (other than section 15B or 15C); and
(b)
the person engages in that conduct with intent to assist the enemy.
Maximum punishment: Imprisonment for life.
(2)
In paragraph (1)(a), strict liability applies to the physical element of circumstance, that the conduct constitutes an offence against the section concerned.
Note: For strict liability, see section 6.1 of the Criminal Code.

17Leaving a post, abandoning equipment or otherwise failing to perform duty

(1)
A defence member commits an offence if the member is engaged on service in connection with operations against the enemy and:
(a)
the member:
(i)
has a duty to be at a post, position or other place; and
(ii)
leaves the post, position or place; or
(b)
the member abandons his or her weapons or other equipment; or
(c)
the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.
Maximum punishment: Imprisonment for 5 years.
(2)
It is a defence if the member proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.
(3)
In this section:
equipment includes vehicles, ammunition, instruments and tools.

18Endangering morale

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person spreads a report; and
(b)
the report relates to operations against the enemy; and
(c)
by spreading the report the person intends to create despondency or unnecessary alarm.
Maximum punishment: Imprisonment for 2 years.
(2)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person is engaged on service in connection with operations against the enemy; and
(b)
the person spreads a report; and
(c)
the report relates to operations against the enemy; and
(d)
by spreading the report the person intends to create despondency or unnecessary alarm.
Maximum punishment: Imprisonment for 5 years.

19Conduct after capture by the enemy

(1)
A defence member commits an offence if:
(a)
the member is captured by the enemy; and
(b)
any reasonable steps are available to the member to rejoin his or her force; and
(c)
the member does not take those steps.
Maximum punishment: Imprisonment for 5 years.
(2)
A defence member commits an offence if:
(a)
the member and another person are captured by the enemy; and
(b)
any reasonable steps are available to the other person to rejoin his or her force; and
(c)
the member prevents or discourages the other person from taking those steps.
Maximum punishment: Imprisonment for 5 years.
(3)
A defence member commits an offence if:
(a)
the member is captured by the enemy; and
(b)
the member engages in conduct with the intention of securing favourable treatment for himself or herself; and
(c)
the conduct is detrimental to other persons also captured by the enemy.
Maximum punishment: Imprisonment for 5 years.
(4)
A defence member commits an offence if:
(a)
the member is captured by the enemy; and
(b)
the member is in a position of authority over other persons also captured by the enemy; and
(c)
the member ill‑treats those other persons.
Maximum punishment: Imprisonment for 5 years.

Division 2Mutiny, desertion and unauthorised absence20Mutiny

(1)
A defence member who takes part in a mutiny commits an offence.
Maximum punishment: Imprisonment for 10 years.
(2)
A defence member commits an offence if:
(a)
the member takes part in a mutiny; and
(b)
the mutiny’s object, or one of its objects, is the refusal or avoidance of duty or service in connection with operations against the enemy or the impeding of the performance of such a duty or service.
Maximum punishment: Imprisonment for life.

21Failing to suppress mutiny

(1)
A defence member commits an offence if:
(a)
a mutiny is taking place or is intended; and
(b)
the member knows that fact; and
(c)
the member does not take reasonable steps:
(i)
to suppress or prevent the mutiny; or
(ii)
to report to proper authority without delay that the mutiny is taking place or is intended.
Maximum punishment: Imprisonment for 2 years.
(2)
A defence member commits an offence if:
(a)
a mutiny is taking place or is intended; and
(b)
the member knows that fact; and
(c)
the member knows, or could reasonably be expected to know, that the mutiny’s object, or one of its objects, is:
(i)
the refusal or avoidance of duty or service in connection with operations against the enemy; or
(ii)
the impeding of the performance of such duty or service; and
(d)
the member does not take reasonable steps:
(i)
to suppress or prevent the mutiny; or
(ii)
to report to proper authority without delay that the mutiny is taking place or is intended.
Maximum punishment: Imprisonment for 5 years.

22Desertion

(1)
A defence member commits an offence if the member:
(a)
is on active service or has been warned for active service; and
(b)
without leave, and with the intention of avoiding that service, departs from, or does not attend at, his or her place of duty.
Maximum punishment: Imprisonment for 5 years.
(2)
A defence member commits an offence if:
(a)
the member is absent without leave; and
(b)
the member engages in conduct; and
(c)
the conduct manifests an intention to avoid active service.
Maximum punishment: Imprisonment for 5 years.

23Absence from duty

(1)
A defence member commits an offence if the member:
(a)
is required to attend for duty; and
(b)
does not attend for the duty.
Maximum punishment: Imprisonment for 12 months.
(2)
A defence member commits an offence if the member:
(a)
is required to perform a duty; and
(b)
ceases to perform the duty before he or she is permitted to do so.
Maximum punishment: Imprisonment for 12 months.
(3)
An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4)
It is a defence to a charge under this section if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

24Absence without leave

(1)
A defence member who is absent without leave commits an offence.
Maximum punishment: Imprisonment for 12 months.
(2)
An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
It is a defence if the member proves that he or she was absent due to circumstances not reasonably within the member’s control.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

Division 3Insubordination and violence25Assaulting a superior officer

(1)
A defence member commits an offence if:
(a)
the member assaults a person; and
(b)
that person is a superior officer.
Maximum punishment: Imprisonment for 2 years.
(2)
Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the person against whom the offence is alleged to have been committed was a superior officer.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

26Insubordinate conduct

(1)
A defence member commits an offence if:
(a)
the member engages in conduct that is threatening, insubordinate or insulting to a person; and
(b)
the person is a superior officer.
Maximum punishment: Imprisonment for 6 months.
(2)
A defence member commits an offence if:
(a)
the member uses language that is threatening, insubordinate or insulting about a person; and
(b)
the language is used in that person’s presence; and
(c)
the person is a superior officer.
Maximum punishment: Imprisonment for 6 months.
(3)
An offence against this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4)
It is a defence to a charge under this section if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the person against whom the offence is alleged to have been committed was a superior officer.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

27Disobeying a lawful command

(1)
A defence member commits an offence if:
(a)
a person gives the member a lawful command; and
(b)
the person giving the command is a superior officer; and
(c)
the member disobeys the command.
Maximum punishment: Imprisonment for 2 years.
(2)
Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the person who gave the command was a superior officer.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

28Failing to comply with a direction in relation to a ship, aircraft or vehicle

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person is in or near a service ship, service aircraft or service vehicle; and
(b)
the person is given a lawful direction by, or with the authority of, the person in command of the ship, aircraft or vehicle; and
(c)
the direction:
(i)
relates to the sailing or handling of the ship, the flying or handling of the aircraft or the handling of the vehicle; or
(ii)
affects the safety of the ship, aircraft or vehicle or of the persons on board the ship, aircraft or vehicle; and
(d)
the first‑mentioned person does not comply with the direction.
Maximum punishment: Imprisonment for 2 years.
(2)
Strict liability applies to paragraph (1)(d).
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

29Failing to comply with a general order

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
a lawful general order applies to the person; and
(b)
the person does not comply with the order.
Maximum punishment: Imprisonment for 12 months.
(2)
An offence under subsection (1) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(3)
It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, of the order.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

30Assaulting a guard

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person assaults another person; and
(b)
that other person is a member of the Defence Force or of an allied force; and
(c)
that other person is on guard duty.
Maximum punishment: Imprisonment for 2 years.
(2)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person is engaged on service in connection with operations against the enemy; and
(b)
the person assaults another person; and
(c)
that other person is a member of the Defence Force or of an allied force; and
(d)
that other person is on guard duty.
Maximum punishment: Imprisonment for 5 years.

31Obstructing a police member

(1)
A person who is a defence member or a defence civilian commits an offence if:
(a)
the person obstructs another person; and
(b)
that other person:
(i)
is a police member acting in the performance of his or her duty; or
(ii)
is lawfully exercising authority under or on behalf of a service police officer.
Maximum punishment: Imprisonment for 12 months.
(2)
A defence member commits an offence if:
(a)
the member is called on to assist another person; and
(b)
that other person:
(i)
is a police member acting in the performance of his or her duty; or
(ii)
is lawfully exercising authority under or on behalf of a service police officer; and
(c)
the member refuses to assist that other person.
Maximum punishment: Imprisonment for 12 months.
(3)
In paragraphs (1)(b) and (2)(b), strict liability applies to the physical element of circumstance, that the person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer.

am. No. 193, 1985; Nos. 99 and 104, 1988
rep. No. 121, 2005
s 68C.........................................		ad. No. 164, 1984
am No. 43, 1995; No 133, 2021
s 69A.........................................		ad No 133, 2021
s 69B.........................................		ad No 133, 2021
s 69C.........................................		ad No 133, 2021
s. 70...........................................		am. No. 164, 1984; No. 43, 1995; No. 141, 2001
s 71............................................		am No. 164, 1984; No. 43, 1995; No. 6, 2008; No 133, 2021
s. 72...........................................		rs. No. 4, 1990
am. No. 28, 1991; No. 135, 2003; No 106, 2015
s. 74...........................................		am. No. 164, 1984; No. 43, 1995; No. 6, 2008; No. 91, 2009
s. 75...........................................		am. No. 43, 1995
s. 76...........................................		am. No. 43, 1995; No. 6, 2008
s. 77...........................................		am. No. 43, 1995; No. 159, 2006
rs. No. 91, 2009
s. 78...........................................		am. No. 6, 2008
s 79............................................		am No. 43, 1995; No 106, 2015; No 133, 2021
s. 80...........................................		am. No. 164, 1984; No. 159, 2006; No. 6, 2008
rs. No. 91, 2009
s 81............................................		am No. 6, 2008; No. 91, 2009; No 133, 2021
s. 82...........................................		am. No. 6, 2008
s. 83...........................................		am. No. 43, 1995
s 84............................................		am No. 164, 1984; No. 99, 1988; No 133, 2021
s 84A.........................................		ad No 133, 2021
am No 133, 2021
Part V
s. 86A........................................		ad. No. 65, 1985
am. No. 76, 1986
s 87............................................		am No. 164, 1984; No. 43, 1995; No. 142, 2005; No. 159, 2006; No. 6, 2008; No. 91, 2009; No 133, 2021
s. 88...........................................		am. No. 43, 1995; No. 142, 2005; No. 159, 2006; No. 91, 2009
s. 89...........................................		am. No. 43, 1995; No. 43, 1996
s. 90...........................................		am. No. 43, 1995
s 92............................................		am. No. 43, 1995
s 93............................................		am. No. 43, 1995
s. 94...........................................		am. No. 43, 1995; No. 43, 1996
s 95............................................		am No 43, 1995; No 1, 1997; No 142, 2005; No 1, 2019
s. 95A........................................		ad. No. 164, 1984
am. No. 43, 1995
s. 96...........................................		am. No. 28, 1991; No. 43, 1995; No. 116, 1999; No. 141, 2001; No. 121, 2005; No 106, 2015
s. 97...........................................		am. No. 43, 1995; No. 1, 1997; No. 142, 2005
s 99............................................		am. No. 43, 1995; No. 6, 2008; No. 91, 2009
s 100..........................................		am. No. 43, 1995; No. 6, 2008; No. 91, 2009
Part VI
Part VI.......................................		rs. No. 164, 1984
Division 1
s. 101.........................................		rs. No. 164, 1984
am. No. 43, 1995
s. 101AA....................................		ad. No. 65, 1985
am. No. 76, 1986
Division 2
s. 101A......................................		ad. No. 164, 1984
s. 101B......................................		ad. No. 164, 1984
am. No. 43, 1995
s. 101C......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 135, 2003
s. 101D......................................		ad. No. 164, 1984
rs. No. 43, 1995
am. No. 135, 2003
s. 101E.......................................		ad. No. 164, 1984
rs. No. 43, 1995
s. 101F.......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 159, 2006; No. 91, 2009; No 106, 2015
s. 101G......................................		ad. No. 164, 1984
rs. No. 43, 1995
s. 101H......................................		ad. No. 164, 1984
am. No. 43, 1995
Division 3
s. 101J.......................................		ad. No. 164, 1984
am. No. 159, 2006; No. 91, 2009
s. 101JA.....................................		ad. No. 43, 1995
am. No. 159, 2006; No. 91, 2009
s. 101K......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 159, 2006; No. 91, 2009
Division 4
s 101L........................................		ad. No. 164, 1984
am. No. 43, 1995
s 101M.......................................		ad. No. 164, 1984
am. No. 43, 1995
s 101N.......................................		ad. No. 164, 1984
am. No. 43, 1995
s. 101P.......................................		ad. No. 164, 1984
am. No. 43, 1995
s 101Q.......................................		ad No 164, 1984
am No 43, 1995; No 159, 2006; No 91, 2009; No 1, 2019
s 101QA.....................................		ad No 43, 1995
am No 141, 2001; No 4, 2016; No 1, 2019
s. 101R......................................		ad. No. 164, 1984
Division 5
ss. 101S–101U............................		ad. No. 164, 1984
am. No. 43, 1995
Division 6
ss. 101V, 101W..........................		ad. No. 164, 1984
am. No. 76, 1986
s. 101X......................................		ad. No. 164, 1984
am. No. 43, 1995 (as am. by No. 43, 1996)
ss. 101Y, 101Z............................		ad. No. 164, 1984
am. No. 43, 1995
s. 101ZA....................................		ad. No. 164, 1984
am. No. 43, 1995; No. 43, 1996
Division 6A
Division 6A................................		ad No 6, 2008
rep No 91, 2009
ad No 32, 2021
s 101ZAA..................................		ad No 6, 2008
rep No 91, 2009
ad No 32, 2021
s 101ZAB...................................		ad No 32, 2021
am No 32, 2021
s 101ZAC...................................		ad No 32, 2021
s 101ZAD..................................		ad No 32, 2021
s 101ZAE...................................		ad No 32, 2021
Division 7
s. 101ZB....................................		ad. No. 164, 1984
am. No. 159, 2006; No. 91, 2009
Division 8
s. 101ZC....................................		ad. No. 164, 1984
Part VII
Division 1
Division 1 heading......................		rs. No. 142, 2005
s. 102.........................................		am. No. 1, 1997
rep. No. 142, 2005
s 103..........................................		am No. 164, 1984; No. 135, 2003; No. 142, 2005; No. 159, 2006; No. 6, 2008; No. 91, 2009; No. 8, 2010; No 133, 2021
s. 103A......................................		ad. No. 6, 2008
rep. No. 91, 2009
Division 2
s. 104.........................................		am. No. 164, 1984; No. 75, 1990; No. 43, 1995; No. 56, 1996; No. 121, 2005
s 105..........................................		am No. 1, 1997
rs No 133, 2021
s 105A.......................................		ad No. 142, 2005
am No 106, 2015; No 133, 2021
s 106..........................................		am No. 43, 1995; No. 6, 2008
rs No 133, 2021
s 107..........................................		am No. 43, 1995; No. 6, 2008; No 133, 2021
s 108..........................................		am No. 164, 1984; No 43, 1995; No. 6, 2008
rep No 133, 2021
s 108A.......................................		ad No. 6, 2008
s 109..........................................		am No. 164, 1984; No. 142, 2005
rs No 133, 2021
s 110..........................................		am. No. 164, 1984; No. 43, 1995; No. 142, 2005; No 133, 2021
s 111..........................................		am No. 164, 1984; No. 65, 1985; No. 65, 1987; No. 43, 1995
rep No 133, 2021
s 111A.......................................		ad No. 164, 1984
am No. 43, 1995 (as am. by No. 43, 1996); No. 6, 2008; No 133, 2021
s. 111B......................................		ad. No. 6, 2008
am. No. 91, 2009
s. 111C......................................		ad. No. 6, 2008
am. No. 91, 2009
s 112..........................................		am No 133, 2021
s. 113.........................................		am. No. 1, 1997
Division 3
Division 3..................................		rs. No. 159, 2006; No. 91, 2009
s. 114.........................................		rs. No. 159, 2006; No. 91, 2009
s. 115.........................................		am. No. 164, 1984
rs. No. 159, 2006
am. No. 6, 2008
rs. No. 91, 2009
s. 116.........................................		am. No. 164, 1984; No. 43, 1995
rs. No. 159, 2006
am. No. 6, 2008
rs. No. 91, 2009
s 117..........................................		am No 43, 1995
rs No 159, 2006; No 91, 2009
am No 1, 2019
s 118..........................................		am No 43, 1995
rep No 135, 2003
ad No 159, 2006
am No 6, 2008
rep No 91, 2009
ad No 1, 2019
s. 119.........................................		am. No. 43, 1995; No. 142, 2005
rs. No. 159, 2006; No. 91, 2009
Note to s. 119(1) ........................		ad. No. 135, 2003
am. No. 142, 2005
rep. No. 159, 2006
s. 120.........................................		am. No. 43, 1995; No. 142, 2005
rs. No. 159, 2006; No. 91, 2009
s. 121.........................................		am. No. 142, 2005
rs. No. 159, 2006; No. 91, 2009
s. 122.........................................		am. No. 43, 1995; No. 142, 2005
rs. No. 159, 2006
am. No. 6, 2008
rs. No. 91, 2009
s. 123.........................................		am. No. 142, 2005
rs. No. 159, 2006; No. 91, 2009
Note to s. 123.............................		ad. No. 135, 2003
am. No. 142, 2005
rep. No. 159, 2006
s. 124.........................................		am. No. 43, 1995; No. 142, 2005
rs. No. 159, 2006; No. 91, 2009
Note to s. 124(3) ........................		ad. No. 135, 2003
am. No. 142, 2005
rep. No. 159, 2006
s. 125.........................................		am. No. 43, 1995; No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
s. 126.........................................		rep. No. 159, 2006
ad. No. 91, 2009
Division 4
Division 4..................................		rs No 159, 2006; No 91, 2009
s 127..........................................		am No 43, 1995; No 135, 2003
rep No 159, 2006
ad No 91, 2009
am No 1, 2019
s 127A.......................................		ad No 1, 2019
s. 128.........................................		am. No. 43, 1995
rep. No. 159, 2006
ad. No. 91, 2009
s. 129.........................................		ad. No. 91, 2009
s. 129A......................................		ad. No. 164, 1984
am. No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
Note to s. 129A(4) ......................		ad. No. 135, 2003
rep. No. 159, 2006
Division 5
Div. 5 of Part VII........................		ad. No. 135, 2003
rep. No. 159, 2006
ad. No. 91, 2009
Heading to s. 129B......................		am. No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
ss. 129B, 129C............................		ad. No. 135, 2003
am. No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
Part VIII
Division 1
s. 129.........................................		am. No. 164, 1984; No. 43, 1995
rep. No. 159, 2006
ad. No. 6, 2008
Renumbered s. 129D...................		No. 91, 2009
s. 130.........................................		am. No. 164, 1984; No. 43, 1995; No. 142, 2005; No. 6, 2008
s. 130A......................................		ad. No. 164, 1984
am. No. 159, 2006
rep. No. 6, 2008
Heading to s. 131........................		am. No. 91, 2009
s 131..........................................		am No. 65, 1987; No. 43, 1995; No. 142, 2005; No. 159, 2006
rs No. 6, 2008
am No. 91, 2009; No 133, 2021
Note 1 to s. 131(3) ......................		am. No. 91, 2009
Note 3 to s. 131(3) ......................		rep. No. 91, 2009
Heading to s. 131AA...................		am. No. 91, 2009
Subhead. to s. 131AA(3) .............		am. No. 91, 2009
Subhead. to s. 131AA(5) .............		am. No. 91, 2009
s. 131AA....................................		ad. No. 6, 2008
am. No. 91, 2009
s 131A.......................................		ad No. 164, 1984
am No. 43, 1995; No. 142, 2005; No 133, 2021
s. 131B......................................		ad. No. 6, 2008
rep No 106, 2015
Division 2
Heading to Div. 2 of Part VIII.....................................		rs. No. 159, 2006; No. 91, 2009
Div. 2 of Part VIII.......................		rs. No. 91, 2009
s. 132.........................................		am. No. 164, 1984; No. 43, 1995; No. 142, 2005
rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
s. 132A......................................		ad. No. 159, 2006
rs. No. 6, 2008
rep. No. 91, 2009
s. 132AA....................................		ad. No. 6, 2008
rep. No. 91, 2009
s. 132AB....................................		ad. No. 6, 2008
am. No. 6, 2008
rep. No. 91, 2009
ss. 132B–132F............................		ad. No. 159, 2006
rep. No. 91, 2009
s. 133.........................................		am. No. 164, 1984
rep. No. 159, 2006
ad. No. 91, 2009
s. 134.........................................		am. No. 28, 1991; No. 43, 1995
rep. No. 159, 2006
ad. No. 91, 2009
s. 135.........................................		am. No. 164, 1984; No. 43, 1995; No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
Heading to s. 136........................		am. No. 159, 2006
rs. No. 91, 2009
s. 136.........................................		am. No. 43, 1995; No. 159, 2006
rs. No. 91, 2009
Heading to s. 137........................		am. No. 159, 2006
rs. No. 91, 2009
s. 137.........................................		am. No. 43, 1995; No. 142, 2005; No. 159, 2006
rs. No. 91, 2009
Division 3
Subdivision A
Heading to Subdiv. A of Div. 3 of Part VIII.....................................		ad. No. 159, 2006 rs. No. 6, 2008
s. 137A......................................		ad. No. 6, 2008
rep. No. 91, 2009
s. 138.........................................		am. No. 43, 1995; No. 159, 2006; No. 91, 2009
Subhead. to s. 139(1) ..................		ad. No. 6, 2008
s. 139.........................................		am. No. 43, 1995; No. 159, 2006; No. 6, 2008; No. 91, 2009
s. 140.........................................		am. No. 43, 1995; No. 1, 1997
rs. No. 159, 2006; No. 91, 2009
s 141..........................................		am No. 43, 1995; No. 142, 2005; No. 159, 2006; No. 6, 2008; No. 91, 2009; No 133, 2021
s. 141A......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 142, 2005; No. 159, 2006
rs. No. 91, 2009
s. 142.........................................		am. No. 164, 1984; No. 28, 1991; No. 141, 2001; No. 121, 2005; No 106, 2015
s 144..........................................		am No. 43, 1995; No. 159, 2006; No. 6, 2008; No. 91, 2009; No 106, 2015; No 133, 2021
s. 145.........................................		am. No. 43, 1995; No. 141, 2001; No. 142, 2005; No. 159, 2006; No. 91, 2009
s. 145A......................................		ad. No. 164, 1984
am. No. 43, 1995 (as am. by No. 43, 1996); No. 142, 2005; No. 159, 2006
rs. No. 91, 2009
Heading to s. 146........................		rs. No. 6, 2008; No. 91, 2009
s. 146.........................................		am. No. 28, 1991; No. 6, 2008; No. 91, 2009
s. 146A......................................		ad. No. 6, 2008
s. 147.........................................		rs. No. 159, 2006; No. 6, 2008
am. No. 91, 2009
s. 148.........................................		am. No. 159, 2006; No. 91, 2009
Subdivision B
Heading to Subdiv. B of Div. 3 of Part VIII.......................		rs. No. 91, 2009
Subdiv. B of Div. 3 of Part VIII.....................................		ad. No. 159, 2006
s 148A.......................................		ad. No. 159, 2006
am. No. 91, 2009
Note to s 148A(5)........................		rs No 36, 2010
s 148B.......................................		ad. No. 159, 2006
am. No. 91, 2009
Note to s 148B(3)........................		rs No 36, 2010
s 148C.......................................		ad. No. 159, 2006
am. No. 91, 2009
s 148D.......................................		ad. No. 159, 2006
am. No. 91, 2009
s 148E........................................		ad. No. 159, 2006
am. No. 91, 2009
s. 146EA.................................... Renumbered s. 148EA.................		ad. No. 91, 2009 No. 8, 2010
s. 148F.......................................		ad. No. 159, 2006
am No 36, 2010
Subdivision C
Heading to Subdiv. C of Div. 3 of Part VIII.......................		ad. No. 159, 2006
s. 149.........................................		am. No. 164, 1984; No. 99, 1988; Nos. 121 and 142, 2005
rs. No. 159, 2006
am. No. 6, 2008; No. 91, 2009
Heading to s. 149A......................		am. No. 91, 2009
s. 149A......................................		ad. No. 159, 2006
am. No. 6, 2008; No. 91, 2009
Part VIIIA
Heading to Part VIIIA.................		rs No 91, 2009
Part VIIIA..................................		ad. No. 6, 2008
Division 1
Heading to Div. 1 of Part VIIIA....		rs. No. 91, 2009
s. 150.........................................		am. No. 1, 1997; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 150A......................................		ad. No. 135, 2003
am. No. 142, 2005; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
Division 2
Division 2 heading......................		rs No 1, 2019
s. 151.........................................		am. No. 65, 1985; No. 43, 1995; No. 135, 2003
rs. No. 6, 2008
rep. No. 91, 2009
s. 152.........................................		am. No. 135, 2003; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 153.........................................		am. No. 43, 1995; No. 135, 2003; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 153A......................................		ad. No. 6, 2008
rep. No. 91, 2009
s. 154.........................................		am. No. 65, 1985; No. 43, 1995; No. 1, 1997; No. 135, 2003; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
Heading to s. 155........................		am. No. 1, 1997
rs. No. 6, 2008; No. 91, 2009
s. 155.........................................		am. No. 43, 1995; No. 1, 1997 (as am. by No. 116, 1999); No. 135, 2003
rs. No. 6, 2008; No. 91, 2009
s. 156.........................................		am. No. 43, 1995
rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
Division 3
Div. 3 of Part VIIIA....................		rs. No. 91, 2009
s. 157.........................................		am. No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 158.........................................		am. No. 43, 1995; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 159.........................................		rs. No. 6, 2008; No. 91, 2009
s. 160.........................................		am. No. 43, 1995
rs. No. 6, 2008; No. 91, 2009
s. 161.........................................		am. No. 43, 1995; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
s. 162.........................................		am. No. 164, 1984; No. 65, 1987; No. 4, 1990; No. 43, 1995; No. 159, 2006
rs. No. 6, 2008; No. 91, 2009
am. No. 8, 2010
Division 4
Div. 4 of Part VIIIA....................		ad. No. 91, 2009
s. 163.........................................		rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
s. 164.........................................		am. No. 43, 1995
rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
s. 165.........................................		rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
s. 165A......................................		ad. No. 6, 2008
rep. No. 91, 2009
s. 166.........................................		am. No. 43, 1995
rep. No. 159, 2006
ad. No. 6, 2008
rs. No. 91, 2009
Division 5
Div. 5 of Part VIIIA....................		ad. No. 91, 2009
s. 167.........................................		rs. No. 6, 2008; No. 91, 2009
ss. 167A, 167B...........................		ad. No. 6, 2008
rep. No. 91, 2009
s. 168.........................................		rs. No. 6, 2008; No. 91, 2009
ss. 168A–168E............................		ad. No. 6, 2008
rep. No. 91, 2009
s. 169.........................................		am. No. 164, 1984; No. 43, 1995; No. 159, 2006
rep. No. 6, 2008
ad. No. 91, 2009
Heading to Part IX......................		rs. No. 159, 2006; No. 6, 2008
rep. No. 91, 2009
Part IX.......................................		rs. No. 6, 2008
rep. No. 91, 2009
Div. 4 of Part IX.........................		rep. No. 159, 2006
ad. No. 6, 2008
rep. No. 91, 2009
Part IXA....................................		ad No. 43, 1995
rep No 133, 2021
s 169A.......................................

ad No. 43, 1995
am No. 135, 2003; No. 6, 2008; No. 95, 2010
rep No 133, 2021
s 169B.......................................		ad No. 43, 1995
am No. 95, 2010
rep No 133, 2021
s 169BA.....................................		ad No. 6, 2008
am No. 95, 2010
rep No 133, 2021
s 169BB.....................................		ad No. 6, 2008
am No. 95, 2010; No 106, 2015
rep No 133, 2021
s 169C.......................................		ad No 43, 1995
am. No. 135, 2003; No. 6, 2008; No. 95, 2010
rep No 133, 2021
s 169D.......................................		ad No 43, 1995
am No 135, 2003; No 6, 2008; No 95, 2010
rep No 133, 2021
s 169E........................................		ad No. 43, 1995
am No. 6, 2008
rep No 133, 2021
s 169F........................................		ad No. 43, 1995
am No. 135, 2003; No. 6, 2008; No. 95, 2010
rep No 133, 2021
s 169FA.....................................		ad No. 135, 2003
rep No 133, 2021
s 169FB.....................................		ad No. 6, 2008
rep No 133, 2021
s 169G.......................................		ad No. 43, 1995
am No. 6, 2008
rep No 133, 2021
s 169GA.....................................		ad No. 6, 2008
rep No 133, 2021
s 169H.......................................		ad No. 43, 1995
am No. 6, 2008
rep No 133, 2021
s 169J........................................		ad No. 43, 1995
am No. 6, 2008
rep No 133, 2021
Part X
s 170..........................................		am No. 164, 1984; No. 43, 1995
s 171..........................................		am No. 43, 1995; No. 6, 2008; No. 91, 2009
s 172..........................................		am No 164, 1984; No 43, 1995; No 159, 2006
rs No 91, 2009
am No 1, 2019; No 133, 2021
s. 172A......................................		ad. No. 6, 2008
rep. No. 91, 2009
Heading to s. 173........................		am. No. 6, 2008
rs. No. 91, 2009
s. 173.........................................		am. No. 159, 2006
rs. No. 91, 2009
s. 175.........................................		am. No. 65, 1985; No. 146, 1999; No. 6, 2008
ed C33
s 176..........................................		am No 43, 1995
rs No 159, 2006
am No 6, 2008
rs No 91, 2009
am No 1, 2019
s. 177.........................................		am. No. 43, 1995
Part XA
Part XA......................................		ad. No. 164, 1984
s. 178.........................................		rs. No. 164, 1984
ad. No. 164, 1984
s. 178A......................................		ad. No. 164, 1984
am. No. 43, 1995
s. 178B......................................		ad. No. 164, 1984
s. 178C......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 1, 1997
s. 178D......................................		ad. No. 164, 1984
Part XI
Heading to Part XI......................		rs. No. 135, 2003; No. 142, 2005; No. 159, 2006; No. 91, 2009
Division 1
Heading to Div. 1 of Part XI.........		ad. No. 135, 2003
s. 179.........................................		am. No. 43, 1995; No. 43, 1996
s 180..........................................		am No 164, 1984; No 43, 1995; No 142, 2005; No 1, 2019
s. 181.........................................		am. No. 43, 1995
s. 182.........................................		am. No. 104, 1988
s. 183.........................................		am. No. 43, 1995; No. 159, 2001
s. 184.........................................		am. No. 43, 1995
s 185..........................................		am No 65, 1985; No 43, 1995; No 43, 1996; No 142, 2005; No 1, 2019
s 186..........................................		am No 43, 1995; No 1, 2019
s 187..........................................		am No 43, 1995
s. 188.........................................		am. No. 43, 1995; No. 46, 2011
Note to s. 188.............................		ad. No. 46, 2011
Division 2
Division 2..................................		ad No 135, 2003
rs No 159, 2006; No 91, 2009
s 188A.......................................		ad No 135, 2003
am No 142, 2005
rep No 159, 2006
ad No 91, 2009
am No 1, 2019
s 188AA.....................................		ad No 159, 2006
rep No 91, 2009
ad No 1, 2019
s 188AB.....................................		ad No 159, 2006
rep No 91, 2009
s 188AC.....................................		ad No 159, 2006
rep No 91, 2009
s 188AD.....................................		ad No 159, 2006
rep No 91, 2009
s 188AE.....................................		ad No 159, 2006
rep No 91, 2009
s 188AF.....................................		ad No 159, 2006
rep No 91, 2009
s 188AG.....................................		ad No 159, 2006
rep No 91, 2009
s 188AH.....................................		ad No 159, 2006
rep No 91, 2009
s 188AI......................................		ad No 159, 2006
rep No 91, 2009
s 188AJ......................................		ad No 159, 2006
rep No 91, 2009
s 188AK.....................................		ad No 159, 2006
rep No 91, 2009
s 188AL.....................................		ad No 159, 2006
rep No 91, 2009
s. 188AN....................................		ad. No. 159, 2006
rep. No. 91, 2009
ss. 188AO–188AZ......................		ad. No. 159, 2006
rep. No. 91, 2009
s. 188B......................................		ad. No. 135, 2003
rep. No. 159, 2006
ad. No. 91, 2009
s. 188BB....................................		ad. No. 159, 2006
rep. No. 91, 2009
s. 188C......................................		ad. No. 135, 2003
am. No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
s 188CA.....................................		ad No 1, 2019
s 188D.......................................		ad No 135, 2003
rep No 159, 2006
ad No 91, 2009
am No 1, 2019
s. 188E.......................................		ad. No. 142, 2005
rep. No. 159, 2006
ad. No. 91, 2009
s 188EA.....................................		ad No 1, 2019
s 188EB.....................................		ad No 1, 2019
Division 2A
Division 2A................................		ad No 159, 2006
rep No 91, 2009
ad No 1, 2019
s 188EC.....................................		ad No 1, 2019
s 188ED.....................................		ad No 1, 2019
s 188EE.....................................		ad No 1, 2019
s 188EF......................................		ad No 1, 2019
s 188EG.....................................		ad No 1, 2019
s 188EH.....................................		ad No 1, 2019
s 188EI......................................		ad No 1, 2019
s 188EJ......................................		ad No 1, 2019
Division 3
Heading to Div. 3 of Part XI.........		rs. No. 159, 2006; No. 91, 2009
Div. 3 of Part XI.........................		ad. No. 142, 2005
Heading to s. 188F......................		am. No. 159, 2006; No. 91, 2009
s. 188F.......................................		ad. No. 142, 2005
am. No. 159, 2006; No. 91, 2009
Heading to s. 188FA....................		am. No. 159, 2006
s. 188FA....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 91, 2009
Heading to s. 188FB....................		am. No. 159, 2006
ss. 188FB–188FE........................		ad. No. 142, 2005
am. No. 159, 2006
s. 188FF.....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 91, 2009
s 188FG.....................................		ad No 142, 2005
am No 159, 2006
s 188FH.....................................		ad No 142, 2005
am No 159, 2006
s 188FI.......................................		ad No 142, 2005
am No 159, 2006
s 188FJ......................................		ad No 142, 2005
am No 159, 2006; No 1, 2019
s 188FK.....................................		ad No 142, 2005
am No 159, 2006
s. 188FL.....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 46, 2011
s 188FM.....................................		ad No 142, 2005
am No 159, 2006; No 1, 2019
Part XIA
Part XIA....................................		ad. No. 142, 2005
Division 1
Div. 1 of Part XIA.......................		ad. No. 142, 2005
s. 188G......................................		ad. No. 142, 2005
s. 188GA....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 91, 2009
s. 188GB....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 6, 2008; No. 91, 2009; No. 8, 2010
ss. 188GC–188GE.......................		ad. No. 142, 2005
Division 2
Div. 2 of Part XIA.......................		ad. No. 142, 2005
ss. 188GF–188GI........................		ad. No. 142, 2005
s. 188GJ.....................................		ad. No. 142, 2005
am. No. 159, 2006; No. 91, 2009
s 188GK.....................................		ad No 142, 2005
s 188GL.....................................		ad No 142, 2005
s 188GM....................................		ad No 142, 2005
s 188GN.....................................		ad No 142, 2005; No 1, 2019
s 188GO.....................................		ad No 142, 2005
s. 188GP....................................		ad. No. 142, 2005
am. No. 46, 2011
Note to s. 188GP(1) ....................		ad. No. 46, 2011
s. 188GQ....................................		ad. No. 142, 2005
Division 3
Div. 3 of Part XIA.......................		ad. No. 142, 2005
s. 188GR....................................		ad. No. 142, 2005
Part XII
s. 190.........................................		am. No. 164, 1984; No. 43, 1995; No. 135, 2003; No. 121, 2005
s 190A.......................................		ad No 106, 2015
am No 164, 2015
s 190B.......................................		ad No 106, 2015
s. 191.........................................		am. No. 43, 1995; No. 159, 2006; No. 6, 2008; No. 91, 2009; No 106, 2015
ed C33
s 192..........................................		ed C33
Heading to s. 193........................		am. No. 159, 2006; No. 91, 2009
s. 193.........................................		am. No. 43, 1995; No. 142, 2005; No. 159, 2006; No. 91, 2009
s. 194.........................................		am. No. 164, 1984; No. 43, 1995; No. 142, 2005; No. 159, 2006; No. 6, 2008; No. 91, 2009
s. 194A......................................		ad. No. 164, 1984
s 195..........................................		am No 43, 1995; No 1, 1997; No 159, 2006; No 91, 2009; No 1, 2019
s 196..........................................		am No 43, 1995; No 1, 1997 (as am by No 116, 1999); No 135, 2003
rep No 159, 2006
ad No 91, 2009
am No 1, 2019
s 196AA.....................................		ad No 1, 2019
s 196AB.....................................		ad No 1, 2019
s. 196A......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 159, 2006; No. 91, 2009
s. 196B......................................		ad. No. 164, 1984
am. No. 43, 1995; No. 43, 1996; No. 1, 1997
rep. No. 116, 1999
ad. No. 142, 2005
s. 196C......................................		ad. No. 159, 2006
rep. No. 91, 2009
s 197..........................................		am No 133, 2021
Schedule 1A
Schedule 1A...............................		ad No. 6, 2008
am No 133, 2021
Schedule 1..................................		rep No 106, 2015
Schedule 2 heading......................		rs No 159, 2006; No 91, 2009
Schedule 2..................................		am No 159, 2006; No 6, 2008
rs No 91, 2009
am No 106, 2015
rep No 133, 2021
Schedule 3..................................		am No. 164, 1984; No. 43, 1995; No. 135, 2003
rs No. 6, 2008
am No 106, 2015
rep No 133, 2021
Schedule 3A...............................		ad No. 164, 1984
rep No 133, 2021
Schedule 4
Schedule 4..................................		am No 142, 2005; No 159, 2006; No 1, 2019; No 115, 2024
Schedule 5
Schedule 5..................................		rep No 159, 2006
ad No 91, 2009
am No 115, 2024
Schedule 6
Schedule 6..................................		am. No. 164, 1984; No. 43, 1995; No. 141, 2001; No. 6, 2008
Schedule 7..................................		ad No. 159, 2006
rep No. 91, 2009