Defence Force Discipline (Consequences of Punishment) Amendment Rules 2022 (Cth)

Defence Force Discipline (Consequences of Punishment) Amendment Rules 2022

I, Angus J Campbell AO, DSC, Chief of the Defence Force, make the following rules.

Dated 18 July 2022

Angus J Campbell AO, DSC

Chief of the Defence Force

Contents

1Name

This instrument is the Defence Force Discipline (Consequences of Punishment) Amendment Rules 2022.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	At the same time as the provisions covered by table item 2 of subsection 2(1) of the Defence Legislation Amendment (Discipline Reform) Act 2021 commence.	13 December 2022

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under subsections 9J(1), 68(2) and 68A(2) of the Defence Force Discipline Act 1982.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Defence Force Discipline (Consequences of Punishment) Rules 2018

1

Section 3

Omit “subsections 68(2), 68A(2) and 169FB(1)”, substitute “subsections 9J(1), 68(2) and 68A(2)”.

2

Section 5 (note)

Repeal the note, substitute:

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) defence member;

(b) detainee;

(c) detention centre;

(d) prescribed defence member;

(e) punishment;

(f) service tribunal.

3

Section 5 (definition of member)

Repeal the definition, substitute:

member means a defence member.

4

Section 5 (definition of prescribed defence member)

Repeal the definition.

5

Part 2 (heading)

Omit “sections 68 and 169FB”, substitute “sections 9J and 68”.

6

Sections 8, 9 and 10

Omit “subsections 68(2) and 169FB(1)”, substitute “subsections 9J(1) and 68(2)”.

7

Before section 16

Insert:

Division 1—Transitional provisions relating to the commencement of this instrument as originally made