Document ID: chunk:federal_register_of_legislation:C2021A00133:clause:1_9f
Version: federal_register_of_legislation:C2021A00133
Segment Type: clause
Provision Reference: sch 1 cl 9F
Character Range: 21125–23293

9F  Jurisdiction to deal with a disciplinary infringement

Discipline officer
 (1) A discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:
 (a) the member has not been charged under this Act with an offence arising out of the infringement; and
 (b) the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and
 (c) the member has not withdrawn the election; and
 (d) the member is of a kind of prescribed defence member specified in the officer's instrument of appointment (see section 9H); and
 (e) the member:
 (i) holds the rank of officer cadet; or
 (ii) if the member is a junior officer—is at least one rank junior to the discipline officer; or
 (iii) otherwise—is at least 2 ranks junior to the officer; and
 (f) the infringement is:
 (i) a contravention of a minor disciplinary infringement provision; and
 (ii) of a kind specified in the officer's instrument of appointment (see section 9H).

Senior discipline officer
 (2) A senior discipline officer has jurisdiction to deal with a prescribed defence member under the infringement scheme in relation to a disciplinary infringement if:
 (a) the member has not been charged under this Act with an offence arising out of the infringement; and
 (b) the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and
 (c) the member has not withdrawn the election; and
 (d) the member is of a kind of prescribed defence member specified in the officer's instrument of appointment (see section 9H); and
 (e) the member is at least one rank junior to the officer; and
 (f) the infringement is of a kind specified in the officer's instrument of appointment (see section 9H).

A discipline officer or senior discipline officer is not a service tribunal
 (3) To avoid doubt, the exercise of jurisdiction by a discipline officer or senior discipline officer under this Part is not the exercise of jurisdiction by a service tribunal.
Note: For the meaning of service tribunal, see subsection 3(1).