Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A prescribed defence member may elect to be dealt with under the infringement scheme in relation to a disciplinary infringement if:
(a) the member has been given an infringement notice in relation to the infringement; and
(b) the election is made within the period specified in the infringement notice.
Note: If the member elects, the member will be taken to have admitted to committing the disciplinary infringement for the purpose of being dealt with under the infringement scheme: see section 9EB.
(2) If a prescribed defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement (see subsection (3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement.
Note: If a prescribed defence member has been charged under this Act for an offence arising out of a disciplinary infringement, there is no jurisdiction to deal with the member under the infringement scheme in relation to the infringement: see section 9F.
(3) A prescribed defence member has been dealt with under the infringement scheme in relation to a disciplinary infringement if a discipline officer or senior discipline officer has made one of the following decisions in relation to the infringement (whether or not the decision has been substituted on review under section 9G):
(a) a decision under paragraph 9FB(1)(a) to impose a punishment;
(b) a decision under paragraph 9FB(1)(b) not to impose a punishment;
(c) a decision under paragraph 9FB(1)(c) to dismiss the infringement.
Note: A discipline officer or senior discipline officer may also make a decision under paragraph 9FB(1)(d) to decline to deal with a disciplinary infringement. In this case, the defence member may be tried by a service tribunal for an offence arising out of the infringement.