Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A superior summary authority must not impose a punishment in respect of a conviction except in accordance with this Part.
(2) The following table sets out punishments that may be imposed by a superior summary authority for an offence (other than a custodial offence). However, a superior summary authority may not impose an elective punishment for a Schedule 1A offence other than in accordance with subsection 131AA(8).
Note 1: An elective punishment may only be imposed on the following persons for a Schedule 1A offence if the person has been given an opportunity to elect to be tried by a court martial or Defence Force magistrate (see sections 131 and 131AA):
(a) a defence member who holds a rank of, or below, lieutenant commander, major or squadron leader;
(b) a person who is not a defence member.
An election is not required to be given under section 131 to defence members above those ranks.
Note 2: Custodial punishments may be imposed instead of the punishments in the following table for certain non - custodial service offences. For custodial offences and custodial punishments, see sections 68A and 68C.
Punishments that may be imposed by a superior summary authority | |||
Item | Column 1 Convicted person | Column 2 Standard punishment | Column 3 Elective punishment |
1 | Defence member who is an officer: (a) in the Navy--of or below the rank of rear admiral but not below the rank of commander; or (b) in the Army--of or below the rank of major - general but not below the rank of lieutenant colonel; or (c) in the Air Force--of or below the rank of air vice - marshal but not below the rank of wing commander | Forfeiture of seniority Fine not exceeding the amount of the convicted person's pay for 14 days Severe reprimand Reprimand | Not applicable |
2 | Defence member who is an officer: (a) in the Navy--of the rank of lieutenant commander; or (b) in the Army--of the rank of major; or (c) in the Air Force--of the rank of squadron leader | Fine not exceeding the amount of the convicted person's pay for 7 days Severe reprimand Reprimand | Forfeiture of seniority 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 |
3 | Junior officer | Fine not exceeding the amount of the convicted person's pay for 7 days Severe reprimand Extra duties for a period not exceeding 7 days Reprimand | Reduction in rank by one rank Forfeiture of seniority 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 |
4 | Officer cadet | 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 7 days Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand | 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 |
5 | Defence member who holds a rank of: (a) warrant officer; or (b) non - commissioned officer | Fine not exceeding the amount of the convicted person's pay for 7 days Severe reprimand Extra duties for a period not exceeding 7 days Reprimand | Reduction in rank by: (a) one rank; or (b) if the member is a corporal in the Army--one or 2 ranks Forfeiture of seniority 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 |
6 | Member below non - commissioned rank who, at the time the member committed the service offence of which the member has been convicted, was on active service | Detention for a period not exceeding 14 days Fine not exceeding the amount of the convicted person's pay for 14 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 7 days Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand | Detention for a period exceeding 14 days but not exceeding 42 days Fine exceeding the amount of the convicted person's pay for 14 days but not exceeding the amount of the convicted person's pay for 28 days |
7 | Member below non - commissioned rank who, at the time the member committed the service offence of which the member has been convicted, was not on active service | Detention for a period not exceeding 7 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 days Stoppage of leave for a period not exceeding 7 days Extra duties for a period not exceeding 7 days Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days Reprimand | Detention for a period exceeding 7 days but not exceeding 28 days 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 28 days |
8 | Person who is not a defence member | Fine not exceeding 3 penalty units | Fine not exceeding 7 penalty units |
Note: For active service , see subsection 3(1).