Document ID: chunk:federal_register_of_legislation:C2024C00861:section:74:p1
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 74 (pt 1/3)
Character Range: 211892–214725

74  Concurrent or cumulative punishments
 (1) In this section, prescribed punishment means a punishment of any of the following kinds:
 (a) imprisonment for a specific period;
 (b) detention;
 (c) restriction of privileges;
 (d) stoppage of leave;
 (e) extra duties;
 (f) segregated confinement;
 (g) confinement to cell;
 (h) extra drill;
 (j) restriction of custodial privileges.
 (2) Subject to this section, where:
 (a) a service tribunal convicts a person of 2 or more service offences and imposes 2 or more prescribed punishments;
 (b) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (not being a punishment that is wholly suspended) and, on that conviction, imposes another prescribed punishment;
 (c) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended in whole or in part) and, on that conviction, revokes that suspension and also imposes another prescribed punishment; or
 (d) a service tribunal convicts a person of a service offence that was committed during the period to which an undertaking given by the person in accordance with subsection 75(2) relates and, on that conviction, imposes:
 (i) a prescribed punishment for the service offence to which the conviction relates; and
 (ii) a prescribed punishment for the service offence in relation to which the undertaking was given;
the punishments so imposed (including, where applicable, the punishment referred to in paragraph (c) the suspension of which is revoked) shall be concurrent.
 (3) Where a service tribunal imposes a punishment of imprisonment for a specific period for a service offence and also a punishment of imprisonment for life for another service offence, the punishments shall be concurrent.
 (4) Subject to subsection (5), where:
 (a) a service tribunal convicts a person of 2 or more service offences and imposes 2 or more prescribed punishments that are of the same kind;
 (b) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (not being a punishment that is wholly suspended) and, on that conviction, imposes another prescribed punishment that is of the same kind as the prescribed punishment to which the person is already subject;
 (c) a service tribunal convicts of a service offence a person who is already subject to a prescribed punishment (being a punishment that is suspended in whole or in part) and, on that conviction, revokes that suspension and also imposes another prescribed punishment that is of the same kind as the suspended punishment; or
 (d) a service tribunal convicts a person of a service offence that was committed during the period to which an undertaking given by the person in accordance with subsection