Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 76

Breach of undertaking to be of good behaviour

  (1)   Where:

  (a)   a person has, in accordance with subsection   75(2), given an undertaking that he or she will be of good behaviour for a period of 12 months; and

  (b)   a service tribunal convicts the person of a service offence that was committed during that period;

the tribunal may, subject to subsection   (3), if it is satisfied that, by reason of the person's commission of that offence, the person has failed to be of good behaviour, take action under this Part   in relation to the person for the service offence in relation to which that undertaking was given.

  (2)   A service tribunal, before taking action under subsection   (1), shall hear evidence relevant to the determination of what action should be taken.

  (3)   The only action that a service tribunal may take under this Part, in relation to a person for a service offence in relation to which an undertaking was given under subsection   75(2), is action that could have been taken under this Part   in relation to the person by the service tribunal that convicted the person of the service offence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback