Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where a convicted person requests a court martial or a Defence Force magistrate to take into consideration, for the purposes of this Part, any other service offence:
(a) that is similar to the service offence of which the person has been convicted; and
(b) that the tribunal has jurisdiction to try; and
(c) that the person admits having committed;
the court martial or the Defence Force magistrate, with the consent of the prosecution, may take the other service offence into consideration.
(2) A court martial or a Defence Force magistrate shall not impose a separate punishment or make a separate order under subsection 75(1) in respect of a service offence that it has taken into consideration under subsection (1).
(3) Where:
(a) a court martial or a Defence Force magistrate does not take a service offence into consideration under subsection (1) by reason of:
(i) the withholding of consent by the prosecution; or
(ii) the rejection of the convicted person's request; or
(b) a reviewing authority, under subsection 162(2), annuls the taking into consideration by a court martial or a Defence Force magistrate of a service offence;
an admission under and for the purposes of paragraph (1)(c) in relation to that service offence is not admissible as evidence in:
(c) any other proceeding before a service tribunal in respect of that service offence; or
(d) any proceeding in a civil court in respect of a civil court offence that is substantially the same offence as that service offence.