Defence Force Discipline Amendment Regulations 2008 (No. 1) (Cth)

Defence Force Discipline Amendment Regulations 2008 (No. 1)¹

Select Legislative Instrument 2008 No. 185

I, QUENTIN BRYCE, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Defence Force Discipline Act 1982.

Dated 18 September 2008

QUENTIN BRYCE

Governor‑General

By Her Excellency’s Command

WARREN SNOWDON

Minister for Defence Science and Personnel

1. Name of Regulations

These Regulations are the Defence Force Discipline Amendment Regulations 2008 (No. 1).

1. Commencement

These Regulations commence on the commencement of Schedules 1 to 6 to the Defence Legislation Amendment Act 2008.

Note   Schedules 1 to 6 to the Defence Legislation Amendment Act 2008 commence on 20 September 2008.

1. Amendment of Defence Force Discipline Regulations 1985

Schedule 1 amends the Defence Force Discipline Regulations 1985.

Schedule 1          Amendments

(regulation 3)

[1]          Subregulation 25A (2)

omit

a service tribunal

insert

the Australian Military Court

[2]          Subregulations 25A (3), (8), (9) and (10)

omit

service tribunal

insert

Australian Military Court

[3]          Regulation 26

substitute

1. Admissibility of evidence adduced before summary authority

(1)In proceedings before a summary authority in relation to a charge, evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

(a)the summary authority is satisfied that it would not be unfair to the person charged to admit that evidence; and

(b)that person consents to the evidence being admitted.

(2)In proceedings before a summary authority in relation to a charge, a record of the evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A (1) of the Act is admissible in evidence if:

(a)the summary authority is satisfied that it would not be unfair to the person charged to admit that record; and

(b)that person consents to the record being admitted.

[4]          Regulation 27

omit

a service tribunal

insert

the Australian Military Court

[5]          Regulation 28

omit

[6]          Regulation 29

substitute

1. Modifications of provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before the Australian Military Court

For section 146 of the Act, the provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before the Australian Military Court are modified as set out in Schedule 1.

[7]          Regulation 30, including the heading

omit each mention of

Evidence Act 1905

insert

Evidence Act 1995

[8]          Regulation 33

substitute

32ASpecial procedures relating to certain minor disciplinary infringements — junior officers

For subsection 6 (2) of the Act, Part IXA of the Act, to the extent to which it relates to the punishment of junior officers, is modified by inserting “(other than an officer cadet)” after “captain” and “flight lieutenant” in the definition of junior officer in section 169A of the Act.

1. Members receiving instruction or training

(1)For subsection 6 (2) of the Act, this regulation modifies Schedule 3 to the Act to the extent to which it relates to members receiving instruction or training.

(2)Schedule 3 is modified by inserting in item 1 of Table B “(other than an officer cadet)” after “squadron leader”.

(3)Schedule 3 is modified by inserting after item 2 of Table B:

3 Officer cadet Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 days Fine not exceeding the amount of the convicted person’s pay for 7 days Severe reprimand Restriction of privileges for a period not exceeding 14 day Stoppage of leave for a period not exceeding 7 days Extra duties for a period not exceeding 3 days Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand

(4)Schedule 3 is modified by inserting in item 1 of Table C “(other than an officer cadet)” after “Officer”.

(5)Schedule 3 is modified by inserting after item 1 of Table C:

1A	Officer cadet	Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 day	Fine not exceeding the amount of the convicted person’s pay for 7 days Severe reprimand Restriction of privileges for a period not exceeding 14 days Stoppage of leave for a period not exceeding 7 days
Extra duties for a period not exceeding 3 days Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand

(6)Schedule 3 is modified by omitting from Table D “Member below non‑commissioned rank” and substituting “Officer cadet or member below non‑commissioned rank”.

[9]          After Part IV

insert

Part V                      Transitional

1. Transitional

(1)This regulation applies in relation to amendments made by Schedule 6 to the Defence Legislation Amendment Act 2008.

(2)In this regulation:

amendments made by Schedule 6 to the Act means the amendments and repeals made by the provisions of Schedule 6 to the Defence Legislation Amendment Act 2008.

commencement day means the day on which Schedule 6 to the Defence Legislation Amendment Act 2008 commences.

disciplinary infringement has the same meaning as it has in section 169A of the Act.

old DFD Act means the Defence Force Discipline Act 1982 as in force immediately before the commencement day.

(3)The amendments made by Schedule 6 to the Act apply in relation to a disciplinary infringement committed by a person subject to Part IXA of the old DFD Act before the commencement day if, before the commencement day:

(a)the person had not been charged with the offence under the old DFD Act; or

(b)the person had been given an infringement notice in relation to the disciplinary infringement under the old DFD Act, but no action to deal with the infringement notice had been taken under the old DFD Act.

Note   Subitem 3 (1) of Schedule 8 to the Defence Legislation Amendment Act 2008 provides for the application of provisions of Schedule 6 in relation to acts and omissions that take place on or after the commencement day.

[10]        Schedule 1, heading

substitute

Schedule 1          Modifications of provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before the Australian Military Court

(regulation 29)

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See