Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 84

Reparation orders

  (1)   Where a person is convicted by a service tribunal of a service offence, the tribunal may, instead of, or in addition to, imposing a punishment or making an order under subsection   75(1), order the person to pay such amount as it thinks just by way of reparation to a person who has sustained loss or damage through or by reason of that service offence.

  (2)   Where a person is convicted by a service tribunal that is a summary authority, the amount or the sum of the amounts that that person may be ordered to pay by that tribunal under this section shall not exceed:

  (a)   where the person is a defence member--the amount of the person's pay for 14 days; or

  (b)   in any other case--5 times the maximum fine that that tribunal could impose on the person.

  (3)   In making an order under this section, a service tribunal may order payment to be made either in one sum or by instalments.

  (4)   This section applies in relation to a service offence that has been taken into consideration by a service tribunal under section   77 in determining the appropriate punishment for a service offence of which a person has been convicted by the tribunal as if the tribunal had convicted the person of the service offence so taken into consideration.

  (5)   Nothing in this section affects any right or remedy that a person may have, apart from this section, in respect of any loss or damage occasioned by a service offence.



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