Document ID: chunk:federal_register_of_legislation:C2024C00861:section:71
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 71
Character Range: 208338–209637

71  Restrictions on power to impose punishments
 (1) A service tribunal shall not impose a punishment of imprisonment on a defence member whom it has convicted of a service offence unless the tribunal also imposes on that member in respect of that conviction the punishment of dismissal from the Defence Force.
 (1A) A service tribunal must not impose on a non‑commissioned officer who has been convicted of a service offence a punishment of detention unless the tribunal also imposes the punishment of reduction in rank to a rank below non‑commissioned rank.
 (2) A service tribunal shall not impose a punishment of detention on a defence member who has been convicted of a service offence if the member, at the time of conviction, had not attained the age of 18 years.
 (3) A service tribunal shall not impose a punishment of detention on a defence member who has been convicted of a service offence if it also imposes the punishment of dismissal from the Defence Force in respect of that conviction or another conviction.
 (4) A service tribunal shall not impose a custodial punishment on a person who is not a detainee.
 (5) A custodial punishment imposed on a detainee shall not extend beyond the period during which the detainee is undergoing a punishment of detention in a detention centre.