Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A commanding officer 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 commanding officer for an offence (other than a custodial offence). However, a commanding officer may not impose an elective punishment for a Schedule 1A offence other than in accordance with subsection 131AA(8).
Note 1: If the offence is a Schedule 1A offence, a commanding officer may only impose an elective punishment on a person 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.
Note 2: Custodial punishments may be imposed instead for certain non - custodial service offences. For custodial offences and custodial punishments, see sections 68A and 68C.
Punishments that may be imposed by a commanding officer | |||
Item | Column 1 Convicted person | Column 2 Standard punishment | Column 3 Elective punishment |
1 | 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 | 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 |
2 | 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 |
3 | Defence member who is a warrant 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 | 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 | Defence member who is a 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 |
5 | 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 |
6 | 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 |
7 | 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).