Document ID: chunk:federal_register_of_legislation:C2024C00861:section:9e
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 9E
Character Range: 64502–66521

9E  Infringement officer may give infringement notice
 (1) If an infringement officer:
 (a) believes, on reasonable grounds, that a prescribed defence member has committed a disciplinary infringement; and
 (b) believes, on reasonable grounds, that the member does not have a reasonable excuse for committing the infringement;
the infringement officer may give the member an infringement notice in relation to the infringement.
 (2) The infringement notice must be given as soon as is reasonably practicable after the infringement officer first has reasonable grounds for believing that the member has committed the infringement.
 (3) The infringement notice must:
 (a) give particulars of the infringement to which the notice relates; and
 (b) inform the member of the following:
 (i) the member's right to elect to be dealt with under the infringement scheme in relation to the infringement;
 (ii) that, if the member so elects, the member will be taken to have admitted committing the infringement for the purposes of being dealt with under the infringement scheme in relation to the infringement;
 (iii) the period within which the election must be made;
 (iv) whether the member will be dealt with by a discipline officer or a senior discipline officer;
 (v) the penalties that may be imposed by that kind of officer; and
 (c) inform the member that:
 (i) if the member has been dealt with under the infringement scheme in relation to the disciplinary infringement (see subsection 9C(3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement; and
 (ii) if the member does not so elect, the infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.
 (4) An infringement notice must be in accordance with a form approved by the Chief of the Defence Force.