Document ID: chunk:federal_register_of_legislation:C2021A00133:clause:1_9a
Version: federal_register_of_legislation:C2021A00133
Segment Type: clause
Provision Reference: sch 1 cl 9A
Character Range: 4566–6422

9A  Simplified outline of this Part

      A prescribed defence member (a junior officer or lower rank) may elect to be dealt with under the infringement scheme in this Part in relation to a disciplinary infringement if the member has been given an infringement notice in relation to the infringement. By electing, the member is taken to have admitted the infringement for the purposes of being dealt with under the infringement scheme.
      Disciplinary infringements are not service offences. However, if a prescribed defence member has been dealt with under the infringement scheme in relation to a 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.
      Disciplinary infringements are dealt with by discipline officers and senior discipline officers who may decide to:
             (a) impose a punishment; or
             (b) not impose a punishment if the infringement is trivial; or
             (c) dismiss the infringement if the member has a reasonable excuse; or
             (d) decline to deal with the infringement if it is too serious to be dealt with under this Part.
      Discipline officers may only deal with a contravention of a minor disciplinary infringement provision. Senior discipline officers may deal with a contravention of any disciplinary infringement provision and may impose a higher punishment. There are other limitations on the jurisdiction of a discipline officer or senior discipline officer (see section 9F).
      A decision by a senior discipline officer to impose a punishment is reviewed by a commanding officer. The commanding officer may confirm the decision or substitute the decision with a decision to impose a reduced punishment or no punishment or to dismiss the infringement with no punishment.