Defence Force Discipline Amendment Rules 2001 (No. 1) (Cth)
Defence Force Discipline Amendment Rules 2001 (No. 1) 1
Statutory Rules 2001 No. 330 2
I, LEONARD WILLIAM ROBERTS-SMITH, Acting Judge Advocate General, make the following Rules under section 149 of the
Defence Force Discipline Act 1982. Dated 13 December 2001
L. W. ROBERTS-SMITH
Acting Judge Advocate General
These Rules are the
Defence Force Discipline Amendment Rules 2001 (No. 1) .
These Rules commence on 15 December 2001.
3 Amendment of Defence Force Discipline Rules 1985 Schedule 1 amends the
Defence Force Discipline Rules 1985 .
(rule 3)
substitute
Schedule 1 Statement of offences (subrule 9 (4))
Part 1 Offences against Defence Force Discipline Act 1982
1 | section 15 | Abandoning or surrendering a (place) (post) (service ship) (service aircraft) (service armoured vehicle) |
2 | section 15A | Causing the capture or destruction of a (service ship) (service aircraft) (service armoured vehicle) |
3 | section 15B | Aiding the enemy while captured |
4 | section 15C | Providing the enemy with material assistance |
5 | section 15D | Harbouring enemies |
6 | subparagraph 15E (b) (i) | Giving false communication |
7 | subparagraph 15E (b) (ii) | Altering or interfering with communication |
8 | subparagraph 15E (b) (iii) | Altering or interfering with apparatus for giving or receiving communication |
9 | section 15F | Failing to carry out orders |
10 | section 15G | Imperilling the success of operations |
11 | section 16 | Communicating with the enemy |
12 | section 16A | Failing to report information received from the enemy |
13 | section 16B | Committing the offence of [name of offence against section 15 to 16A (other than section 15B or 15C)] with intent to assist the enemy |
14 | paragraph 17 (1) (a) | Leaving (post) (position) (place) in connection with operations |
15 | paragraph 17 (1) (b) | Abandoning (weapons) (other equipment) in connection with operations |
16 | paragraph 17 (1) (c) | Failing to properly perform duty in attacking or defending against the enemy |
17 | subsection 18 (1) | Endangering morale |
18 | subsection 18 (2) | Endangering morale in connection with operations |
19 | subsection 19 (1) | Failing to rejoin force |
20 | subsection 19 (2) | Preventing another rejoining (his) (her) force |
21 | subsection 19 (3) | Securing favourable treatment to detriment of others |
22 | subsection 19 (4) | Ill treating other persons over whom member has authority |
23 | subsection 20 (1) | Mutiny |
24 | subsection 20 (2) | Mutiny in connection with service against enemy |
25 | subsection 21 (1) | Failing to suppress mutiny |
26 | subsection 21 (2) | Failing to suppress mutiny in connection with service against enemy |
27 | subsection 22 (1) | Absence from place of duty with intention to avoid active service |
28 | subsection 22 (2) | Absence without leave with intention to avoid active service |
29 | subsection 23 (1) | Absence from duty — failure to attend |
30 | subsection 23 (2) | Absence from duty — ceasing to perform |
31 | section 24 | Absence without leave |
32 | section 25 | Assaulting a superior officer |
33 | subsection 26 (1) | Engaging in (threatening) (insubordinate) (insulting) conduct |
34 | subsection 26 (2) | Using (threatening) (insubordinate) (insulting) language |
35 | section 27 | Disobeying lawful command |
36 | section 28 | Failing to comply with direction of person in command of (service ship) (service aircraft) (service vehicle) |
37 | section 29 | Failing to comply with general order |
38 | subsection 30 (1) | Assaulting a guard |
39 | subsection 30 (2) | Assaulting a guard in connection with operations against the enemy |
40 | subsection 31 (1) | Obstructing a police member |
41 | subsection 31 (2) | Refusing to assist a police member |
42 | paragraph 32 (1) (a) | Sleeping (at post) (on watch) while on (guard duty) (watch) |
43 | paragraph 32 (1) (b) | Sleeping on duty while on (guard duty) (watch) |
44 | paragraph 32 (1) (c) | Being intoxicated while on (guard duty) (watch) |
45 | paragraph 32 (1) (d) | (Leaving post) (absence from place of duty) while on (guard duty) (watch) |
46 | subsection 32 (3) | Committing the offence of [name of offence against paragraph 32 (1) (a), (b), (c) or (d)] in connection with service against enemy |
47 | paragraph 33 (a) | Assaulting another person (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
48 | paragraph 33 (b) | Creating a disturbance (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
49 | paragraph 33 (c) | Engaging in obscene conduct (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
50 | paragraph 33 (d) | Using (insulting) (provocative) words (on service land) (in service ship) (in service aircraft) (in service vehicle) (in a public place) |
51 | section 34 | Assaulting an inferior |
52 | section 35 | Negligent performance of duty |
53 | subsection 36 (1) | Dangerous conduct with knowledge of consequences |
54 | subsection 36 (2) | Dangerous conduct with recklessness as to consequences |
55 | subsection 36 (3) | Dangerous conduct with negligence as to consequences |
56 | subsection 36A (1) | Unauthorised discharge of weapon |
57 | subsection 36A (2) | Negligent discharge of weapon |
58 | section 37 | Being intoxicated (while on duty) (when reporting for duty) (when required to report for duty) |
59 | paragraph 38 (1) (a) | Malingering — self injury |
60 | paragraph 38 (1) (b) | Malingering — prolonging sickness or disability |
61 | subsection 38 (2) | Malingering — falsely representing oneself as suffering from physical or mental condition |
62 | subsection 39 (1) | Intentionally causing (loss of) (stranding of) (hazarding of) service ship |
63 | subsection 39 (2) | Recklessly causing (loss of) (stranding of) (hazarding of) service ship |
64 | subsection 39 (3) | Negligently causing (loss of) (stranding of) (hazarding of) service ship |
65 | subsection 40 (1) | Driving a service vehicle while intoxicated |
66 | subsection 40 (2) | Driving a vehicle on service land while intoxicated |
67 | subsection 40A (1) | Dangerous driving of a service vehicle |
68 | subsection 40A (2) | Dangerous driving of a vehicle on service land |
69 | subsection 40B (1) | Negligent conduct in driving a service vehicle |
70 | subsection 40B (2) | Negligent conduct in driving a vehicle on service land |
71 | paragraph 40C (1) (a) | Driving a service vehicle while not authorised |
72 | paragraph 40C (1) (b) | Using a service vehicle for an unauthorised purpose |
73 | subsection 40D (1) | Driving a service vehicle without due care and attention or without reasonable consideration |
74 | subsection 40D (2) | Driving a vehicle on service land without due care and attention or without reasonable consideration |
75 | section 41 | Flying a service aircraft below the minimum height |
76 | section 42 | Giving inaccurate certification to a matter affecting a (service ship) (service aircraft) (service vehicle) (service missile) (service weapon) |
77 | subsection 43 (1) | Intentionally (destroying) (damaging) service property |
78 | subsection 43 (2) | Recklessly (destroying) (damaging) service property |
79 | subsection 43 (3) | Negligently (destroying) (damaging) service property |
80 | section 44 | Losing service property |
81 | section 45 | Unlawful possession of service property |
82 | section 46 | Possession of property suspected of having been unlawfully obtained |
83 | section 47C | Theft |
84 | section 47p | Receiving stolen property |
85 | subsection 48 (1) | Looting |
86 | subsection 48 (2) | Receiving looted property |
87 | section 49 | Refusing to submit to arrest |
88 | section 49A | Assault against arresting person |
89 | subsection 50 (1) | Delaying or denying justice by failing to take action to have charge dealt with |
90 | subsection 50 (2) | Delaying or denying justice by failing to take action to (release) (order release) of a person |
91 | section 51 | Escaping from custody |
92 | section 52 | Giving false evidence before a service tribunal |
93 | subparagraph 53 (1) (b) (I) | Failing to appear before a service tribunal as required by (summons) (order) |
94 | subparagraph 53 (1) (b) (ii) | Failing to appear and report when not excused by service tribunal |
95 | paragraph 53 (2) (a) | Refusing to take an oath or make an affirmation before a service tribunal |
96 | paragraph 53 (2) (b) | Refusing to answer a question before a service tribunal |
97 | paragraph 53 (2) (c) | Refusal to produce a document required by (summons) (order) before a service tribunal |
98 | paragraph 53 (4) (a) | Insulting a (member of a court martial) (judge advocate) (Defence Force magistrate) (summary authority) |
99 | paragraph 53 (4) (b) | Interrupting proceedings of a service tribunal |
100 | paragraph 53 (4) (c) | Creating a disturbance (in) (near) a service tribunal |
101 | paragraph 53 (4) (d) | Engaging in conduct that would constitute contempt of a service tribunal |
102 | subsection 54 (1) | Intentionally allowing a person in custody to escape |
103 | subsection 54 (2) | Unlawfully releasing a person in custody |
104 | subsection 54 (3) | Facilitating escape of a person in custody |
105 | subsection 54 (4) | Conveying a thing into place of confinement with intent to facilitate escape of a person |
106 | paragraph 54A (1) (a) | Detainee making unnecessary noise |
107 | paragraph 54A (1) (b) | Detainee committing a nuisance |
108 | paragraph 54A (1) (c) | Detainee being (idle) (careless) (negligent) at work |
109 | paragraph 54A (1) (d) | Detainee unlawfully communicating with another person |
110 | paragraph 54A (1) (e) | Detainee unlawfully (giving) (receiving) any thing |
111 | paragraph 54A (1) (f) | Detainee unlawfully being in possession of any thing |
112 | paragraph 54A (1) (g) | Detainee unlawfully (entering) (leaving) cell |
113 | subsection 54A (2) | Detainee failing to comply with a condition of grant of leave of absence |
114 | subsection 54A (6) | Aiding, abetting etc the commission of [name of offence against subsection 54A (1) or (2)] |
115 | paragraph 55 (1) (a) | (Making) (signing) false service document |
116 | paragraph 55 (1) (b) | Making false entry in service document |
117 | paragraph 55 (1) (c) | Altering a service document |
118 | paragraph 55 (1) (d) | (Suppressing) (defacing) (making away with) (destroying) a service document |
119 | paragraph 55 (1) (e) | Failing to make an entry in a service document |
120 | subsection 56 (1) | Knowingly making false or misleading statement in relation to application for benefit |
121 | subsection 56 (4) | Recklessly making false or misleading statement in relation to application for benefit |
122 | paragraph 57 (1) (a) | Person giving false answer to a question in a document relating to appointment or enlistment |
123 | paragraph 57 (1) (b) | Person giving false information or document in relation to appointment or enlistment |
124 | paragraph 57 (1) (c) | Person failing to disclose prior service |
125 | paragraph 57 (2) (a) | Member giving false answer to question in a document relating to appointment or enlistment |
126 | paragraph 57 (2) (b) | Member giving false information or document in relation to appointment or enlistment |
127 | paragraph 57 (2) (c) | Member failing to disclose prior service |
128 | section 58 | Unauthorised disclosure of information |
129 | subsection 59 (1) | (Selling) (dealing) (trafficking) in narcotic goods outside Australia |
130 | subsection 59 (3) | Possession of narcotic goods outside Australia |
131 | subsection 59 (5) | Self administering narcotic goods other than cannabis outside Australia |
132 | subsection 59 (6) | Using cannabis |
133 | subsection 59 (7) | Possession of cannabis in Australia |
134 | section 60 | Prejudicial conduct |
135 | subsection 61 (1) | Engaging in conduct in the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
136 | subsection 61 (2) | Engaging in conduct in a public place outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
137 | subsection 61 (3) | Engaging in conduct outside the Jervis Bay Territory that is a Territory offence [name of offence and provision of law contravened] |
138 | section 62 | Commanding or ordering commission of service offence |
139 | subsection 101QA (1) | Failing to submit to medical examination |
140 | subsection 101QA (2) | Failing to submit to the taking of a specimen |
Part 2 Offences against Defence Force Discipline Regulations 1985
1 | subregulation 25B (2) | (Tampering with) (causing damage to) radar device |
Part 3 Offences against Criminal Code
1 | Division 11.1 | Attempt to commit [name of offence against the |
2 | Division 11.2 | Aiding, abetting etc the commission of [name of offence
against the |
3 | Division 11.3 | Procuring conduct of
another person that would have constituted the offence of [name of offence
against the |
4 | Division 11.4 | Incitement to [name of offence against the |
5 | Division 11.5 | Conspiracy
to commit [name of offence against the |
1. These Rules amend Statutory Rules 1985 No. 128, as amended by 1998 No. 377.
2. Notified in the
Commonwealth of Australia Gazette
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