Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 68

  (1)   Subject to sections   68A and 68C, the only punishments that may be imposed by a service tribunal on a convicted person are, in decreasing order of severity, as follows:

  (a)   imprisonment for life;

  (b)   imprisonment for a specific period;

  (c)   dismissal from the Defence Force;

  (d)   detention for a period not exceeding 2 years;

  (e)   reduction in rank;

  (f)   forfeiture of service for the purposes of promotion;

  (g)   forfeiture of seniority;

  (h)   fine, being a fine not exceeding:

  (i)   where the convicted person is a defence member--the amount of the member's pay for 28 days; or

  (ii)   in any other case--15 penalty units;

  (j)   severe reprimand;

  (k)   restriction of privileges for a period not exceeding 14 days;

  (m)   stoppage of leave for a period not exceeding 21 days;

  (n)   extra duties for a period not exceeding 7 days;

  (na)   extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days;

  (p)   reprimand.

  (2)   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 defence member, that are to flow from the imposition by a service tribunal on that member of any of the following punishments:

  (a)   reduction in rank;

  (b)   forfeiture of service for the purposes of promotion;

  (c)   forfeiture of seniority;

  (d)   restriction of privileges for a period;

  (e)   stoppage of leave for a period;

  (f)   extra duties for a period;

  (g)   extra drill for a period.

  (3)   The commanding officer of a convicted person subject to a punishment specified in paragraph   (2)(d) or (f) may moderate the consequences of that punishment in relation to the convicted person 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.

  (4)   Notwithstanding that a convicted person is subject to a punishment of stoppage of leave, the commanding officer of the person may, if he or she is satisfied that it is appropriate to do so, grant leave of absence to the person.