{"id":"F2018L00265","name":"Defence Force Discipline Regulations 2018","slug":"defence-force-discipline-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439526,"registerId":"F2018L00265-fast-fetch-1775955518727","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Defence Force Discipline Regulations 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nDefence Force Discipline Regulations 2018\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 15 March 2018\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nDarren Chester\n\nMinister for Defence Personnel\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedule 1\n\n5 Schedule 2\n\n6 Schedule 3\n\n7 Definitions\n\nPart 2—Detainees and detention centres\n\nDivision 1—Application\n\n8 Application of Part\n\nDivision 2—General administration and classification of detention centres\n\n9 Periods of detention\n\n10 Duties of officer in charge of detention centre\n\n11 Accommodation of detainees\n\n12 Cleanliness\n\n13 Meals\n\n14 Purchases\n\n15 Exercise\n\n16 Newspapers etc.\n\n17 Visiting officers\n\n18 Duties of visiting officers\n\n19 Visits\n\n20 Religion\n\n21 Performing work\n\nDivision 3—Letters and parcels\n\n22 Staff members approved to open letters and parcels\n\n23 Receiving and sending letters and parcels\n\n24 Letters and parcels to be opened in certain cases\n\n25 Impounded articles\n\nPart 3—Remission and release\n\n26 Application of Part\n\n27 Remission\n\n28 Release\n\nPart 4—Rules of evidence\n\nDivision 1—Evidence of speed of conveyances\n\n29 Application of Division\n\n30 Evidence of speed of conveyances—use of speed measuring devices\n\n31 Approved tester\n\n32 Certificates\n\n33 Offence in relation to speed measuring devices\n\nDivision 2—Other rules of evidence\n\n34 Admissibility of evidence adduced before summary authority\n\n35 Evidence of general orders\n\n36 Modification of the Evidence Act 1995 in its application to proceedings before a court martial or Defence Force magistrate\n\nPart 5—Miscellaneous\n\n37 Calculation of daily rate of pay of convicted person\n\n38 Chaplains—notional ranks\n\n39 Members receiving instruction or training\n\n40 Form of oath or affirmation\n\n41 Service of summonses and notices\n\n42 Power of arrest\n\n43 Form of caution\n\n44 Prescribed places for purposes of subsection 101F(1) of the Act\n\n45 Form of acknowledgement of record of interview\n\n46 Form of certificate for purposes of sub‑subparagraph 101K(4)(d)(ii)(B) of the Act\n\n47 Form of explanation for purposes of paragraph 101K(4)(e) of the Act\n\n48 Prescribed class of persons for purposes of paragraph 101K(14)(a) of the Act\n\n49 Form of acknowledgement for purposes of subsection 101N(2) of the Act\n\n50 Form of acknowledgement for purposes of subsection 101ZA(2) of the Act\n\n51 Prescribed service offences for purposes of paragraph 104(b) of the Act\n\n52 Prescribed class of officers for the purposes of paragraph 108(4)(a) of the Act\n\n53 Record of previous convictions\n\nPart 6—Transitional provision\n\n54 Things done under the Defence Force Discipline Regulations 1985\n\nSchedule 1—Forms\n\nForm 1—Appointment of approved tester\n\nForm 2—Certificate of testing of speed measuring device (valid for 12 months)\n\nForm 3—Certificate of having operated a speed measuring device\n\nForm 4—Form of oath and affirmation\n\nForm 5—Caution to person charged or summoned\n\nForm 6—Certificate of appropriate witness\n\nForm 7—Explanation to accused\n\nForm 8—Acknowledgement of suspect in relation to the holding of an identification parade\n\nForm 9—Acknowledgement of consent to search\n\nSchedule 2—Prescribed places for purposes of subsection 101F(1) of the Act\n\nSchedule 3—Repeals\n\nDefence Force Discipline Regulations 1985\n\nPart 1—Preliminary\n\n \n\n1 Name\n\n This instrument is the Defence Force Discipline Regulations 2018.\n\n2 Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 April 2018. 1 April 2018\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3 Authority\n\n This instrument is made under the Defence Force Discipline Act 1982.\n\n4 Schedule 1\n\n Schedule 1 to this instrument sets out forms for the purposes of certain provisions of the Act or this instrument.\n\n5 Schedule 2\n\n Schedule 2 to this instrument specifies places that are prescribed for the purposes of section 101F of the Act.\n\n6 Schedule 3\n\n Each instrument that is specified in Schedule 3 to this instrument is amended or repealed as set out in the applicable items in that Schedule, and any other item in that Schedule has effect according to its terms.\n\n7 Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) authorized officer;\n\n(b) detainee;\n\n(c) detention centre;\n\n(d) officer;\n\n(e) service chief.\n\n In this instrument:\n\nAct means the Defence Force Discipline Act 1982.\n\napproved staff member of a detention centre means a person appointed under subsection 22(1) as an approved staff member of the detention centre.\n\napproved tester means a person appointed under section 31 as an approved tester.\n\narea detention centre means a detention centre that is of a standard that the Chief of Defence Force, service chief or an authorized officer considers suitable for detaining a detainee for a period not exceeding 14 days.\n\ncontraband includes any substance or item, other than money, the possession of which by a detainee is not permitted by or under the Act.\n\nconveyance means:\n\n (a) a vehicle; or\n\n (b) a vessel; or\n\n (c) an aircraft; or\n\n (d) any other means of transport.\n\ncorrective detention centre means a detention centre that is of a standard that the Chief of Defence Force, service chief or an authorized officer considers suitable for detaining a detainee for any period.\n\nday of religious observance for a detainee means:\n\n (a) a day of religious observance for the detainee’s religion; or\n\n (b) Sunday.\n\ndesignated officer means an officer, a service police warrant officer or a service police non‑commissioned officer.\n\nengage in conduct includes omitting to perform an act.\n\nInspector‑General ADF has the same meaning as in the Defence Act 1903.\n\ninvestigating officer has the same meaning as in Part VI of the Act.\n\nletter means a card, document or other form of written communication and includes an envelope containing any of those things.\n\nmember of the staff of a detention centre has the same meaning as in Part XA of the Act.\n\nofficer cadet means an officer who holds:\n\n (a) the Navy rank of midshipman; or\n\n (b) the Army rank of staff cadet or officer cadet; or\n\n (c) the Air Force rank of officer cadet.\n\nparcel means a package or other similar article.\n\nspeed measuring device means a laser‑based device for measuring the speed of conveyances.\n\nunit detention centre means a detention centre that is of a standard that the Chief of Defence Force, service chief or an authorized officer considers suitable for detaining a detainee for a period not exceeding 7 days.\n\nvehicle means a motor‑powered vehicle, and includes a service vehicle.\n\nvisiting officer means an officer appointed under section 17 as a visiting officer for an area detention centre or corrective detention centre.\n\nPart 2—Detainees and detention centres\n\nDivision 1—Application\n\n8 Application of Part\n\n (1) For the purposes of paragraph 178D(b) of the Act, this Part makes provision for, and in relation to, the conduct and administration of detention centres.\n\n (2) However, the requirements of this Part apply only in relation to a detention centre that is under the control of a part of the Defence Force whose members are on active service if, and to the extent that, the exigencies of service permit.\n\nDivision 2—General administration and classification of detention centres\n\n9 Periods of detention\n\n (1) A person who is sentenced to detention in a detention centre for a period must not be detained:\n\n (a) if the period exceeds 7 days—in a unit detention centre; or\n\n (b) if the period exceeds 14 days—in an area detention centre.\n\n (2) For the purposes of subsection (1):\n\n (a) if a detainee is sentenced to 2 or more concurrent periods of detention—the period of detention is taken to be the longer or longest of those periods; or\n\n (b) if a detainee is sentenced to 2 or more periods of detention to be served consecutively—the period of detention is taken to be equal to the sum of those periods.\n\n10 Duties of officer in charge of detention centre\n\n (1) The officer in charge of a detention centre is responsible to the officer’s immediate superior officer for the management, control and security of the detention centre and the welfare of all detainees in the detention centre.\n\n (2) The officer in charge of a detention centre must:\n\n (a) cause each detainee to be interviewed as soon as practicable after the detainee is admitted to the detention centre; and\n\n (b) cause to be brought to the attention of each detainee such of the provisions of this instrument and the general orders as are applicable to the detainee in relation to the detainee’s detention in the detention centre.\n\n (3) The officer in charge of a detention centre must:\n\n (a) as far as practicable, visit each part of the detention centre and each detainee in the detention centre every day; and\n\n (b) visit and inspect the detention centre at least once each week at night at a time not known in advance by any other person in the detention centre; and\n\n (c) ensure that the treatment of detainees in the detention centre is consistent with their rehabilitation for further naval, military or air force service.\n\n11 Accommodation of detainees\n\n (1) Each detainee must, as far as practicable, be accommodated in a separate cell.\n\n (2) If it is not practicable to provide each detainee with a separate cell, there must be at least 3 detainees accommodated in each cell containing more than one detainee.\n\n (3) Each detainee must be provided with a separate bed.\n\n (4) Each cell in a detention centre must:\n\n (a) be of such a size, and have such heating, lighting, ventilation and equipment, as is necessary for the preservation of the physical and mental health of a detainee; and\n\n (b) have a means of enabling a detainee to express at any time a wish to communicate with a member of the staff of the detention centre.\n\n12 Cleanliness\n\n A detainee must be provided with facilities to enable the detainee to maintain proper standards of cleanliness and clothing.\n\n13 Meals\n\n (1) A detainee must be provided each day with food of such type and in such quantities as is ordinarily provided to other defence members.\n\n (2) A detainee may, subject to any relevant general order, purchase food in addition to that provided in accordance with subsection (1).\n\n14 Purchases\n\n A detainee in a detention centre may make such purchases, in addition to any purchases made by the detainee in accordance with section 13, as the officer in charge of the detention centre thinks fit.\n\n15 Exercise\n\n A detainee who:\n\n (a) is under punishment of segregated confinement; or\n\n (b) is under punishment of confinement to cell; or\n\n (c) who is directed to work indoors within a detention centre in which the detainee is detained;\n\nmust, if practicable, be permitted to exercise daily in open air.\n\n16 Newspapers etc.\n\n A detainee in a detention centre must be permitted to have access to such newspapers, and to view or listen to such daily television or radio broadcasts, as the officer in charge of the detention centre thinks reasonable.\n\n17 Visiting officers\n\n An authorized officer must in writing appoint, in respect of each area detention centre or corrective detention centre, at least one officer to be a visiting officer for the area detention centre or corrective detention centre.\n\n18 Duties of visiting officers\n\n A visiting officer for an area detention centre or corrective detention centre must:\n\n (a) visit and inspect the area detention centre or corrective detention centre at such times, or at such intervals, as an authorized officer directs; and\n\n (b) as far as practicable, visit all detainees in the area detention centre or corrective detention centre and hear any complaints or requests those detainees wish to make; and\n\n (c) give a report to the proper authority after each visit and inspection made in accordance with paragraph (a); and\n\n (d) do the following in relation to any complaint made to the visiting officer by a detainee in the area detention centre or corrective detention centre:\n\n (i) make a record of the complaint;\n\n (ii) make such inquiries into the complaint as are reasonable;\n\n (iii) report the complaint and the result of those inquiries to the proper authority.\n\n19 Visits\n\n (1) Subject to this section, a detainee in a detention centre must be permitted, at reasonable times, to receive visits from any of the following:\n\n (a) if the detention centre is an area detention centre or corrective detention centre—a visiting officer for that centre;\n\n (b) a medical officer;\n\n (c) a chaplain;\n\n (d) a legal practitioner;\n\n (e) a police member;\n\n (f) a constable.\n\n (2) Subject to this section, the detainee must be permitted, at reasonable times, to receive visits from persons other than persons referred to in subsection (1).\n\n (3) A permission given under subsection (2) may be given subject to such reasonable conditions as the officer in charge of the detention centre thinks fit.\n\n (4) A visit to a detainee in a detention centre permitted under this section must take place out of the hearing, but within the sight, of a member of the staff of the detention centre.\n\n (5) If the officer in charge of a detention centre reasonably believes that a visitor to a detention centre is likely to endanger or interfere with the security or discipline of the detention centre, the officer in charge may:\n\n (a) refuse the visitor entry to the detention centre; or\n\n (b) cause the visitor to be removed from the detention centre.\n\n (6) The officer in charge of a detention centre may use such reasonable force as is necessary to give effect to a refusal or removal under subsection (5).\n\n20 Religion\n\n A detainee in a detention centre must, as far as is reasonable, be permitted to:\n\n (a) engage in the normal activities of his or her religion; and\n\n (b) have in his or her possession, or have access to, books and objects used in the practice of his or her religion.\n\n21 Performing work\n\n (1) Subject to this section, the officer in charge of a detention centre may direct a detainee in the detention centre to perform work of a kind that it is reasonable to expect the detainee to perform.\n\n (2) A direction under subsection (1) must, if practicable, require the detainee to perform at least 6 hours of work each day but must not require the detainee to perform more than 9 hours of work each day.\n\n (3) In directing the detainee to perform particular work, the officer in charge of the detention centre must take into account:\n\n (a) the religion of the detainee; and\n\n (b) the mental and physical capacity of the detainee.\n\n (4) The detainee must not be directed to perform work:\n\n (a) that, in the opinion of a medical practitioner, would be likely to be detrimental to the physical or mental health of the detainee; or\n\n (b) on Christmas Day, Good Friday or a day of religious observance for the detainee, other than such work as is necessary for the continued daily operation of the detention centre; or\n\n (c) otherwise than for the benefit of the Commonwealth.\n\nDivision 3—Letters and parcels\n\n22 Staff members approved to open letters and parcels\n\n (1) The officer in charge of a detention centre may, in writing, appoint a member of the staff of the detention centre to be an approved staff member of the detention centre for the purposes of this Division.\n\n (2) The officer in charge of a detention centre or an approved staff member of a detention centre may, subject to this Division:\n\n (a) open, inspect and read letters sent to, or proposed to be sent by, a detainee in the detention centre; and\n\n (b) open and inspect parcels sent to, or proposed to be sent by, a detainee in the detention centre.\n\n23 Receiving and sending letters and parcels\n\n (1) Subject to this section, a detainee may send letters or parcels to, and receive letters or parcels from, persons who are not detained on agreeing, in the case of letters or parcels sent by post, to the opening or inspection of those letters or parcels in accordance with this Division.\n\n (2) A detainee in a detention centre must be permitted to send:\n\n (a) immediately on being admitted to the detention centre—2 letters; and\n\n (b) in every week of detention in the detention centre—2 letters; and\n\n (c) such additional letters as the officer in charge of the detention centre permits.\n\n (3) If a detainee delivers to the officer in charge of a detention centre, or an approved staff member of the detention centre, a letter addressed by the detainee to the Defence Force Ombudsman, the Inspector‑General ADF, a member of Parliament, a legal practitioner or an authorized officer:\n\n (a) the officer in charge must cause the letter to be sent to the addressee; and\n\n (b) the letter must not be opened, inspected or read other than by the person to whom it is addressed or some other person authorised by that person.\n\n (4) A letter from the Defence Force Ombudsman or Inspector‑General ADF that has been, or purports to have been, addressed to a detainee must not be opened, inspected or read other than by the detainee or another person authorised by the detainee.\n\n (5) Subject to subsection (6), if:\n\n (a) a member of Parliament or a legal practitioner sends a detainee a letter in a sealed envelope (the first letter); and\n\n (b) the first letter is accompanied by a letter addressed to the officer in charge of the detention centre indicating that privilege is claimed in respect of the first letter;\n\nthe first letter must not be opened and inspected, or read, by any person other than the detainee or another person authorised by the detainee.\n\n (6) If the officer in charge of a detention centre or an approved staff member of the detention centre reasonably believes that the first letter may contain money, contraband or any item or matter that is likely to adversely affect the security, discipline or good order of the detention centre:\n\n (a) the detainee may be required to open the first letter in the presence of the officer in charge or the approved staff member; and\n\n (b) if the first letter contains money, contraband or any item or matter of that kind—the officer in charge or the approved staff member may impound the money, contraband or that other item or matter.\n\n24 Letters and parcels to be opened in certain cases\n\n (1) This section applies if the officer in charge of a detention centre or an approved staff member of the detention centre reasonably believes that the security, discipline or good order of the detention centre is likely to be adversely affected by the delivery to, or despatch from, a detainee of any letter or parcel.\n\n (2) Subject to section 23, the officer in charge or the approved staff member may:\n\n (a) open, inspect and read the letter, or open and inspect the parcel, as the case may be; and\n\n (b) impound any money, contraband or any item or matter found in the letter or parcel that, in the opinion of the officer in charge, may adversely affect the security, discipline or good order of the detention centre.\n\n (3) The officer in charge must inform the detainee if any money, contraband or any item or matter of that kind is impounded under paragraph (2)(b).\n\n25 Impounded articles\n\n Anything impounded under subsection 23(6) or 24(2) may be dealt with in accordance with such directions as may be given by the Chief of the Defence Force or a service chief.\n\nPart 3—Remission and release\n\n \n\n26 Application of Part\n\n For the purposes of section 178D of the Act, this Part makes provision for and in relation to:\n\n (a) the remission of punishments of detention of detainees; and\n\n (b) the conduct and administration of detention centres.\n\n27 Remission\n\n (1) Subject to this section, a detainee who is serving a period of detention of not less than 28 days is entitled to a remission of one‑quarter of the period of detention.\n\n (2) If the remission of a period of detention would, apart from this subsection, reduce the period of detention to less than 24 days, the period of detention is to be remitted to a period of 24 days.\n\n (3) If a custodial punishment is imposed on a detainee, the period of remission to which the detainee would, apart from this subsection, be entitled, must be reduced:\n\n (a) for each day of the punishment of segregated confinement served by the detainee—by 3 days; or\n\n (b) for each day of the punishment of confinement to a cell served by the detainee—by 2 days; or\n\n (c) for each day of the punishment of extra drill served by the detainee—by 1 day; or\n\n (d) for continuous or discontinuous periods of the punishment of restriction of custodial privileges which in the aggregate amount to more than 7 days—by 1 day for each such period of not less than 7 days.\n\n (4) If a punishment of a period of detention is imposed on a detainee in respect of an offence committed during a period of detention, the detainee is not entitled to remission in respect of the latter period of detention.\n\n28 Release\n\n (1) If, apart from this section, a period of punishment of a detainee in a detention centre by remission or otherwise would expire on a Sunday or public holiday (the expiry day), the officer in charge of the detention centre may remit so much of the unexpired period of detention as would enable the detainee to be released on the last day preceding the expiry day that is not a Sunday or public holiday.\n\n (2) A detainee may be released at any time during the period of 24 hours immediately preceding the expiration of the detainee’s period of detention.\n\nPart 4—Rules of evidence\n\nDivision 1—Evidence of speed of conveyances\n\n29 Application of Division\n\n For the purposes of subsection 146(2) of the Act, this Division makes rules of evidence to be applied in relation to trials by a court martial or Defence Force magistrate.\n\n30 Evidence of speed of conveyances—use of speed measuring devices\n\n (1) This section applies in relation to proceedings before a court martial or Defence Force magistrate for an offence against section 40A of the Act.\n\n (2) Evidence of the speed of the conveyance as measured at a particular time by means of a speed measuring device is evidence of the speed of the conveyance at that time if the court martial or Defence Force magistrate, as the case may be, is satisfied that:\n\n (a) the speed measuring device was tested, not more than 12 months before that time, by an approved tester in accordance with:\n\n (i) Australian Standard AS 4691.2‑2003 Laser‑based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced; and\n\n (ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and\n\n (b) the device was, upon completion of that test, sealed by an approved tester in accordance with:\n\n (i) Australian Standard AS 4691.1‑2003 Laser‑based speed detection devices, Part 1: Definitions and device requirements, as in force when this instrument commenced; and\n\n (ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and\n\n (c) at that time the device was operated by a police member in accordance with Australian Standard AS 4691.2‑2003 Laser‑based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced.\n\n (3) For the purposes of subsection (2), the production to a court martial or Defence Force magistrate of a certificate in accordance with Form 1, 2 or 3 in Schedule 1 to this instrument is prima facie evidence of the facts stated in the certificate.\n\n31 Approved tester\n\n An authorized officer who holds at least the Navy rank of captain, the Army rank of colonel or the Air Force rank of group captain may appoint, by instrument in accordance with Form 1 in Schedule 1 to this instrument, an electrical engineer or an electronic technician as an approved tester for the purposes of this Division.\n\n32 Certificates\n\n (1) If an approved tester tests a speed measuring device, the approved tester must complete a certificate in relation to the test in accordance with Form 2 in Schedule 1 to this instrument.\n\n (2) If a police member operates a speed measuring device, the police member must complete a certificate in relation to the operation in accordance with Form 3 in Schedule 1 to this instrument.\n\n33 Offence in relation to speed measuring devices\n\n A person commits an offence if:\n\n (a) the person engages in conduct; and\n\n (b) the person’s conduct damages, or tampers or interferes with, a sealed speed measuring device.\n\nPenalty: 2 penalty units.\n\nDivision 2—Other rules of evidence\n\n34 Admissibility of evidence adduced before summary authority\n\n (1) For the purposes of subsection 111A(2) of the Act, evidence in relation to a charge adduced in proceedings before a summary authority for the purposes referred to in subsection 111A(1) of the Act is admissible in evidence if:\n\n (a) the summary authority is satisfied that it would not be unfair to the person charged to admit that evidence; and\n\n (b) that person consents to the evidence being admitted.\n\n (2) For the purposes of subsection 111A(2) of the Act, in proceedings before a summary authority in relation to a charge, a record of the evidence adduced in proceedings in relation to that charge before a summary authority for the purposes referred to in subsection 111A(1) of the Act is admissible in evidence if:\n\n (a) the summary authority is satisfied that it would not be unfair to the person charged to admit that record; and\n\n (b) that person consents to the record being admitted.\n\n35 Evidence of general orders\n\n For the purposes of subsection 146(2) of the Act, in proceedings before a court martial or Defence Force magistrate, a document certified by an authorized officer to be a copy of a general order is prima facie evidence of the order.\n\n36 Modification of the Evidence Act 1995 in its application to proceedings before a court martial or Defence Force magistrate\n\n For the purposes of subsection 146(2) of the Act, clause 1 of Part 2 of the Dictionary in the Evidence Act 1995 has effect, in relation to proceedings before a court martial or Defence Force magistrate, as if the following paragraph were added at the end of subclause (1) of that clause:\n\n (g) the control, operation and administration of the Defence Force.\n\nPart 5—Miscellaneous\n\n \n\n37 Calculation of daily rate of pay of convicted person\n\n For the purposes of paragraph 3(9)(a) of the Act, the amount that is to be taken, for the purposes of the Act, to be the amount of daily rate of pay applicable in relation to a class of persons in which a convicted person is included is:\n\n (a) if, on the day on which the person is convicted, a determination is in force under section 58H of the Defence Act 1903 in relation to that class of persons—the amount of daily rate of pay payable, in accordance with that determination, to a person included in that class of persons on that day; or\n\n (b) otherwise—the amount of daily rate of pay payable, in accordance with a determination in force under section 58B of the Defence Act 1903, to a person included in that class of persons on that day.\n\n38 Chaplains—notional ranks\n\n For the purposes of subsection 6(2) of the Act, in matters relating to the discipline of a member of the Defence Force who is a chaplain of a kind referred to in column 1 of an item of the table, the chaplain is notionally taken to hold:\n\n (a) the rank in the Navy specified in column 2 of the table for that item; and\n\n (b) the rank in the Army specified in column 3 of the table for that item; and\n\n (c) the rank in the Air Force specified in column 4 of the table for that item.\n\n \n\n- Chaplains and corresponding ranks\n- Item Column 1Chaplain Column 2Navy rank Column 3Army rank Column 4Air Force rank\n- 1 Chaplain Division 5 Commodore Brigadier Air Commodore\n- 2 Chaplain Division 4 Captain Colonel Group Captain\n- 3 Chaplain Division 3 Commander Lieutenant Colonel Wing Commander\n- 4 Chaplain Division 2 Lieutenant Commander Major Squadron Leader\n- 5 Chaplain Division 1 Lieutenant Captain Flight Lieutenant\n\n\n39 Members receiving instruction or training\n\n (1) For the purposes of paragraph 6(2)(b) of the Act, Schedule 3 to the Act is modified as set out in subsections (2) to (6) of this section to the extent that the Schedule relates to members of the Defence Force referred to in that paragraph receiving instruction or training.\n\n (2) Column 1 of item 1 of Table B in Schedule 3 to the Act is modified by inserting “(other than an officer cadet)” after “squadron leader”.\n\n (3) Table B in Schedule 3 to the Act is modified by inserting after item 1:\n\n \n\n| 1A | Officer cadet | Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 days | Fine not exceeding the amount of the convicted person’s pay for 7 days
Severe reprimand
Restriction of privileges for a period not exceeding 14 days
Stoppage of leave for a period not exceeding 7 days
Extra duties for a period not exceeding 3 days
Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days
Reprimand |\n| --- | --- | --- | --- |\n\n\n (4) Column 1 of item 1 of Table C in Schedule 3 to the Act is modified by inserting “(other than an officer cadet)” after “Officer”.\n\n (5) Table C in Schedule 3 to the Act is modified by inserting after item 1:\n\n \n\n| 1A | Officer cadet | Fine exceeding the amount of the convicted person’s pay for 7 days but not exceeding the amount of the convicted person’s pay for 14 days | Fine not exceeding the amount of the convicted person’s pay for 7 days
Severe reprimand
Restriction of privileges for a period not exceeding 14 days
Stoppage of leave for a period not exceeding 7 days |\n| --- | --- | --- | --- |\n| | | | Extra duties for a period not exceeding 3 days
Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days
Reprimand |\n\n\n (6) Column 1 of item 2 of Table D in Schedule 3 to the Act is modified by omitting “Member below non‑commissioned rank” and substituting “Officer cadet or member below non‑commissioned rank”.\n\n40 Form of oath or affirmation\n\n For the purposes of subsections 86A(2) and 101AA(2) of the Act, the prescribed form of oath or affirmation is Form 4 in Schedule 1 to this instrument.\n\n41 Service of summonses and notices\n\n For the purposes of subsections 87(2), 88(2), 98(6) and 99(3) of the Act, a summons or notice must be served on a person (the first person):\n\n (a) by delivering the summons or notice to the first person personally; or\n\n (b) in the case of a notice—by leaving it at, or by sending it by pre‑paid post to, the address of the place of residence or business of the first person last known to the person serving the notice; or\n\n (c) by leaving the summons or notice at the last known place of residence of the first person with some person apparently resident at that place and apparently not less than 16 years of age; or\n\n (d) by leaving the summons or notice at:\n\n (i) if the first person is carrying on business at 2 or more places—at one of those places with some person apparently in the service of the first person and apparently not less than 16 years of age; or\n\n (ii) otherwise—the last known place of business of the first person; or\n\n (e) by personally delivering the summons or notice to a legal officer or legal practitioner who represents the first person; or\n\n (f) if the first person has an email address provided to the first person as a member of the Defence Force—by sending the summons or notice to that address.\n\n42 Power of arrest\n\n (1) For the purposes of paragraph 89(2)(d) of the Act:\n\n (a) a police member who is not an officer; or\n\n (b) a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer;\n\ndoes not have a power of arrest over an officer in relation to a service offence unless one or more of the conditions specified in subsection (2) are satisfied.\n\n (2) The following conditions are specified:\n\n (a) the service offence involves disorderly or violent behaviour;\n\n (b) the service offence is an offence under Division 1 or 2 of Part III of the Act (other than section 23 or 24 of the Act);\n\n (c) the reason for the arrest is the exigencies of service.\n\n (3) For the purposes of paragraph 89(2)(d) of the Act:\n\n (a) a police member who is not a designated officer; or\n\n (b) a person, who is not a designated officer, lawfully exercising authority under or on behalf of a service police officer;\n\ndoes not have a power of arrest over a defence civilian.\n\n43 Form of caution\n\n A caution under paragraph 101D(1)(a) of the Act must be in the form set out in Form 5 in Schedule 1 to this instrument.\n\n44 Prescribed places for purposes of subsection 101F(1) of the Act\n\n For the purposes of subsection 101F(1) of the Act, each of the places specified in Schedule 2 to this instrument is prescribed.\n\n45 Form of acknowledgement of record of interview\n\n For the purposes of paragraph 101K(3)(a) of the Act, a record of interview of an accused is acknowledged in the prescribed manner if:\n\n (a) if the record of interview is not more than one page—the accused signs an acknowledgement endorsed at the bottom of that page that the record is a full and correct record; or\n\n (b) otherwise—the accused signs an acknowledgement endorsed at the bottom of the last page of the record that the record is a full and correct record and signs at the bottom of each other page.\n\n46 Form of certificate for purposes of sub‑subparagraph 101K(4)(d)(ii)(B) of the Act\n\n For the purposes of sub‑subparagraph 101K(4)(d)(ii)(B) of the Act, the prescribed form of certificate is Form 6 in Schedule 1 to this instrument.\n\n47 Form of explanation for purposes of paragraph 101K(4)(e) of the Act\n\n For the purposes of paragraph 101K(4)(e) of the Act, the prescribed form of explanation is Form 7 in Schedule 1 to this instrument.\n\n48 Prescribed class of persons for purposes of paragraph 101K(14)(a) of the Act\n\n For the purposes of paragraph 101K(14)(a) of the Act, a prescribed class of persons is members of the Defence Force who:\n\n (a) are not police members; and\n\n (b) hold at least the Navy rank of petty officer or the Army or Air Force rank of sergeant; and\n\n (c) hold a rank that is at least equal to the rank of the relevant investigating officer referred to in subsection 101K(1) of the Act.\n\n49 Form of acknowledgement for purposes of subsection 101N(2) of the Act\n\n For the purposes of subsection 101N(2) of the Act, the prescribed form of acknowledgement is Form 8 in Schedule 1 to this instrument.\n\n50 Form of acknowledgement for purposes of subsection 101ZA(2) of the Act\n\n For the purposes of subsection 101ZA(2) of the Act, the prescribed form of acknowledgement is Form 9 in Schedule 1 to this instrument.\n\n51 Prescribed service offences for purposes of paragraph 104(b) of the Act\n\n For the purposes of paragraph 104(b) of the Act, each of the following service offences is prescribed:\n\n (a) a service offence that is punishable by imprisonment for more than 2 years, other than:\n\n (i) an offence against subsection 43(1), or section 47C, 47P, 47Q, 48 or 52, of the Act; or\n\n (ii) an offence that is an ancillary offence in relation to an offence referred to in subparagraph (i) of this paragraph;\n\n (b) an offence against section 18, 36, 39 or 58 of the Act.\n\n52 Prescribed class of officers for the purposes of paragraph 108(4)(a) of the Act\n\n For the purposes of paragraph 108(4)(a) of the Act, the class of officer cadets is prescribed.\n\n53 Record of previous convictions\n\n (1) For the purposes of facilitating compliance with subsection 70(2) of the Act, the service chief of each arm of the Defence Force must, in respect of each member of the Defence Force in that arm, cause to be kept a record of the convictions of the member for service offences, civil court offences and overseas offences.\n\n (2) The service chief of an arm of the Defence Force must, at the request of a member of the Defence Force serving in that arm, cause to be made available to the member a copy of any record kept under this section in respect of that member.\n\nPart 6—Transitional provision\n\n \n\n54 Things done under the Defence Force Discipline Regulations 1985\n\n (1) If:\n\n (a) a thing was done for a particular purpose under the Defence Force Discipline Regulations 1985, as in force immediately before the commencement of this instrument; and\n\n (b) the thing could be done for that purpose under this instrument;\n\nthe thing has effect for the purposes of this instrument as if it had been done under this instrument.\n\n (2) Without limiting subsection (1), a reference in that subsection to a thing being done includes a reference to a notice, approval or other instrument being given or made.\n\nSchedule 1—Forms\n\nForm 1—Appointment of approved tester\n\nNote: See section 31.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\n \n\n (full name)\n\nI,....................................................., a\n\n (rank)\n\n................................................... in the\n\n (force)\n\n................................................... ,\n\nacting under section 31 of the Defence Force Discipline Regulations 2018, hereby appoint\n\n (full name)\n\n...........................................................,\n\nan electrical engineer* /electronic technician*, as an approved tester for the purposes of that instrument.\n\n| | (Signature) |\n| --- | --- |\n| | ......................... |\n| | (Rank) |\n| | ......................... |\n| | (Date) |\n| | ......................... |\n\n\n*Strike out whichever is inapplicable.\n\nForm 2—Certificate of testing of speed measuring device (valid for 12 months)\n\nNote: See subsection 32(1).\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\n(full name)\n\nI,.............................................................\n\ncertify that:\n\n(a) I have been appointed as an approved tester for the purposes of section 31 of the Defence Force Discipline Regulations 2018, and to the best of my knowledge and belief that appointment has not been revoked; and\n\n(b) I have this day tested a speed measuring device of the following type:\n\n(type of device)\n\n ................................................................................................................................. and bearing the following identification number or symbols:\n\n (identification number or symbols)\n\n ..........................................................................................................................; and\n\n(c) I tested the speed measuring device in accordance with paragraph 30(2)(a) of that instrument; and\n\n(d) upon completion of the test, I sealed the speed measuring device in accordance with paragraph 30(2)(b) of that instrument.\n\n| | (Signature) |\n| --- | --- |\n| | ......................... |\n| | Approved tester |\n| | (Date) |\n| | ......................... |\n\n\nForm 3—Certificate of having operated a speed measuring device\n\nNote: See subsection 32(2).\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\n(full name)\n\nI,........................................................ ,\n\ncertify that:\n\n(a) I am a police member for the purposes of the above Act; and\n\n(time of day)\n\n(b) I have this day at.....................................................................................................at\n\n(place of operation)\n\n ..................................................................................................................................\n\n operated a speed measuring device within the meaning of section 7 of the Defence Force Discipline Regulations 2018, bearing identification number or symbols\n\n (identification number or symbols)\n\n ................................................................, in accordance with paragraph 30(2)(c) of that instrument; and\n\n(c) while I so operated the speed measuring device I measured the speed of a conveyance of the make\n\n(make of conveyance)\n\n................................................................................................................................. (registration number)\n\n and bearing registration number..................................................................................\n\n and that the speed at which that conveyance was then moving, as displayed on the digital speed\n\n(speed)\n\n display of the device, was...........................................................................................\n\n kilometres per hour; and\n\n(d) as soon as was practicable I recorded that speed and that make and registration number, and the speed, make and registration number stated in this certificate conform with the speed, make and registration number that I so recorded.\n\n| (Signature) |\n| --- |\n| ................................................. |\n| Police member |\n| (Date) |\n| ................................................ |\n\n\nForm 4—Form of oath and affirmation\n\nNote: See section 40.\n\n \n\n1 Form of oath\n\nI swear by Almighty God that the information I am about to give shall be the truth, the whole truth and nothing but the truth.\n\n \n\n2 Form of affirmation\n\nI do solemnly, sincerely and truly declare and affirm that the information I am about to give shall be the truth, the whole truth and nothing but the truth.\n\nForm 5—Caution to person charged or summoned\n\nNote: See section 43.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\nPursuant to section 101D of the Defence Force Discipline Act 1982, you are cautioned that:\n\n(a) you are not obliged to, but you may if you wish, answer any questions, or do anything, asked of you by an investigating officer, and anything said or done by you may be used in evidence; and\n\n(b) you may communicate with a legal practitioner and have, as provided by Part VI of that Act, the assistance of a legal practitioner while you are being questioned; and\n\n(c) you may, as provided in Part VI of that Act, communicate with a relative or friend.\n\nForm 6—Certificate of appropriate witness\n\nNote: See section 46.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\nI,.........................of............................\n\n (Name of appropriate witness) (Residential address of appropriate\n\n witness)\n\nin the......................, being .......................,\n\n (State or Territory) (qualification of appropriate witness under subsection 101K(14) of the Act)\n\ncertify that paragraphs 101K(4)(b) and (c) of the Act were complied with in my presence and that the record of what was said by and to \n\n (Name of accused)\n\nas a result of compliance with paragraph 101K(4)(c) of the Act is a full and correct record.\n\n Dated 20\n\n ..............................\n\n(Signature of appropriate witness)\n\nForm 7—Explanation to accused\n\nNote: See section 47.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\n \n\nThe following is the form of explanation to be given to an accused\n\nperson of the procedure that will be followed for the purpose of\n\ncompliance with paragraphs 101K(4)(b), (c) and (d) of the Defence\n\nForce Discipline Act 1982 in respect of a record made of an interview\n\nwith the accused:\n\n \n\n1. You have been given a copy of the record of the interview with you. The\n\nrecord will be read to you in the language used by you during the interview.\n\n2. You may interrupt the reading of the record of interview at any\n\ntime for the purpose of drawing attention to any error or omission\n\nthat you claim has been made in or from the record and, at the end of\n\nthe reading, you will be given an opportunity of stating whether you\n\nclaim that there are any errors in or omissions from the record, in\n\naddition to any to which you have drawn attention during the reading.\n\nWhere a sound recording is made:\n\n3. Two sound recordings of the reading referred to in paragraph 1 will\n\nbe made by the one multiple sound recording apparatus and of\n\neverything said by and to you as a result of compliance with the\n\nmatters raised in paragraph 2.\n\n4. You will be handed one of the sound recordings.\n\n5. The other recording will be retained by the Defence Force and may\n\nbe used in evidence.\n\n6. You should make arrangements for the safe‑keeping of the recording\n\nhanded to you so that it will be available for comparison with the\n\nsound recording retained by the Defence Force and, if you so request,\n\nyou will be afforded an opportunity to make arrangements for the\n\nsafe‑keeping of your recording on your behalf.\n\n7. If you or your legal practitioner so request, you or your legal\n\npractitioner will, as soon as practicable, be provided with reasonable\n\nfacilities to enable the sound recording to be reproduced in sound.\n\nOR, where a sound recording is not made but an appropriate witness is present:\n\n3. An appropriate witness will be present during the reading of the\n\nrecord of interview referred to in paragraph 1 or when anything is\n\nsaid by or to you as a result of compliance with paragraph 2 and a\n\nrecord in writing will be made of everything said by and to you as a\n\nresult of compliance with paragraph 2 while it is being said or as\n\nsoon as practicable thereafter (persons who can be appropriate\n\nwitnesses include a legal practitioner advising you, or a relative or\n\nfriend present at your request).\n\n4. The appropriate witness will sign a prescribed form of certificate\n\ncertifying that the requirements of paragraphs 101K(4)(b) and (c) of\n\nthe Act have been complied with in the presence of the witness and\n\nthat the record is a full and correct record.\n\nForm 8—Acknowledgement of suspect in relation to the holding of an identification parade\n\nNote: See section 49.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\nI,.............................of............................\n\n (Name of suspect) (Residential address of suspect)\n\nin the..........................., acknowledge that I was informed, on\n\n (State or Territory)\n\n...............................at.......................that: (Date) (Time)\n\n(a) I am entitled to refuse to agree to the holding of an identification parade for the purpose of ascertaining whether a witness to a relevant act in relation to a service offence can identify me as a relevant person in relation to that act; and\n\n(b) if I do not agree to the holding of the parade and to take part in the parade, evidence may be given, in any proceedings with respect to the service offence, of any identification of me by a witness as a result of:\n\n (i) having seen a photograph or series of photographs; or\n\n (ii) having seen me otherwise than during an identification parade; and\n\n(c) if I do take part in the identification parade, evidence may be given, in any proceedings with respect to the service offence:\n\n (i) of any identification made by the witness;\n\n (ii) of any doubts expressed by the witness, during or immediately following the holding of the parade; and\n\n (iii) of any unfairness in the conducting of the parade; and\n\n(d) I may have present, during the holding of the parade, a legal practitioner or other person of my choice if arrangements can be made for the legal practitioner or other person to be present within a reasonable time.\n\nDated 20 \n\n ...........................\n\n (Signature of suspect giving this acknowledgement)\n\nForm 9—Acknowledgement of consent to search\n\nNote: See section 50.\n\n \n\nCommonwealth of Australia\n\n \n\nDefence Force Discipline Act 1982\n\n \n\nI, (full name) acknowledge that:\n\n(a) I have been informed that I may refuse to give my consent, in relation to the investigation of a service offence:\n\n *(i) to be searched;\n\n *(ii) to the search of the clothing worn by me;\n\n *(iii) to the search of property under my immediate control;\n\n *(iv) as the occupier, to the entry and search of the *land/ *premises known as (address or location of land/premises);\n\n *(v) as the person in charge, to the entry and search of the\n\n *ship/ *aircraft/ *vehicle, being (name, registration number or other means of identification of the ship, aircraft or vehicle; if appropriate, describe the part to be searched) and now located at (present location of ship, aircraft or vehicle); and\n\n(b) I have, on (date) at (place and time) voluntarily given my consent, in relation to the investigation of a service offence:\n\n *(i) to be searched;\n\n *(ii) to the search of the clothing worn by me;\n\n *(iii) to the search of the property under my immediate control;\n\n *(iv) to the entry and search of the *land/ *premises described in subparagraph (a)(iv);\n\n *(v) to the entry and search of the *ship/ *aircraft/ *vehicle described in subparagraph (a)(v).\n\nDated 20 \n\n .........................................\n\n (Signature of person giving this acknowledgement)\n\n*Omit if inapplicable\n\nSchedule 2—Prescribed places for purposes of subsection 101F(1) of the Act\n\nNote: See section 44.\n\n \n\nNew South Wales\n\nAlbury\n\nBalmoral\n\nConcord\n\nGarden Island\n\nGeorges Heights\n\nGlenbrook\n\nHolsworthy\n\nIngleburn\n\nKingswood\n\nLismore\n\nLiverpool\n\nManly\n\nMoorebank\n\nNeutral Bay\n\nNewcastle\n\nNowra\n\nPaddington\n\nParkes\n\nParramatta\n\nPenrith\n\nPymble\n\nQuaker’s Hill\n\nRandwick\n\nRegents Park\n\nRichmond\n\nSingleton\n\nWagga Wagga\n\nWatson’s Bay\n\nWaverton\n\nWilliamtown\n\nVictoria\n\nCrib Point\n\nLaverton\n\nMelbourne City\n\nPoint Cook\n\nPort Melbourne\n\nPuckapunyal\n\nQueenscliff\n\nSale\n\nSorrento\n\nSouth Melbourne\n\nTottenham\n\nWilliamstown\n\nWodonga\n\nQueensland\n\nAmberley\n\nBrisbane City\n\nCairns\n\nCanungra\n\nEnoggera\n\nOakey\n\nRockhampton\n\nToowoomba\n\nTownsville\n\nSouth Australia\n\nAdelaide City\n\nEdinburgh\n\nPort Adelaide\n\nWoodside\n\nWestern Australia\n\nExmouth\n\nFremantle\n\nGarden Island\n\nKarrakatta\n\nNortham\n\nPearce\n\nPerth City\n\nSwanbourne\n\nTasmania\n\nHobart\n\nLaunceston\n\nNorthern Territory\n\nDarwin\n\nAustralian Capital Territory\n\nCanberra\n\nJervis Bay\n\nSchedule 3—Repeals\n\n \n\nDefence Force Discipline Regulations 1985\n\n1 The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument replaces the Defence Force Discipline Regulations 1985 in full (Schedule 3) and introduces an updated, consolidated set of rules covering detention centre administration, remission of detention, evidentiary rules (including technical certification for laser speed measuring devices), prescribed procedural forms, specified places for investigative powers, and record‑keeping obligations (see sections 2–3, Part 2, Part 3, Part 4, Part 5, Schedule 1–2). A transitional provision preserves actions done under the old regulations where the same action could be done under the new instrument (section 54)."},"complexity_factors":["Extensive cross‑references to the Defence Force Discipline Act 1982 and other Acts (e.g. Defence Act 1903, Evidence Act 1995) creating multi‑statute interactions (sections 3, 7, 36)","Detailed operational rules for detention centres with numerous procedural requirements (Part 2: sections 9–21)","Multiple administrative discretions vested in officers in charge and authorized officers (sections 10, 14, 19, 22–25, 17–18)","Technical evidentiary regime tied to external Australian Standards and manufacturer specifications for speed measuring devices, with certification and appointment requirements (sections 30–33, 31, Schedule 1 Forms)","Numerous prescribed forms and prescribed places in Schedules that must be followed (Schedule 1, Schedule 2)","Interlocking procedural safeguards and admissibility conditions for interview records, cautions and acknowledgements (sections 34, 43, 45–50 and Forms 5–9)","Provisions that mechanistically alter sentence remission based on different types of custodial punishments (section 27)","Amendments to disciplinary tables and notional rank rules affecting different classes of personnel (sections 38–39)","Transitional savings and a full repeal of the prior regulations requiring mapping of prior instruments to the new regime (Schedule 3; section 54)"],"plain_english_summary":"What this instrument does (mechanically)\n\n- Replaces the earlier Defence Force Discipline Regulations 1985 and sets out new, detailed rules made under the Defence Force Discipline Act 1982 (see section 3 and Schedule 3). It commences on 1 April 2018 (section 2).\n\n- Establishes rules for the operation and administration of military detention centres (Part 2). That includes classification of centres by length of detention permitted (unit: up to 7 days; area: up to 14 days; corrective: any period) and specific duties for the officer in charge (sections 9–11, 10). It sets day‑to‑day rules for accommodation, cleanliness, meals, exercise, religion, visits, and work directions for detainees (sections 11–21).\n\n- Prescribes who may open, inspect or impound detainees’ letters and parcels, and the exceptions where legal, parliamentary or oversight correspondence must not be opened (sections 22–25). It gives the officer in charge authority to impound items that may threaten security or discipline (sections 24–25).\n\n- Sets rules for remission (reducing) of detention sentences and how punishments served while detained affect remission (Part 3, sections 26–28). A detainee serving at least 28 days is generally entitled to a one‑quarter remission unless reduced by specified custodial punishments (section 27).\n\n- Creates evidentiary rules for trials by court martial or Defence Force magistrate (Part 4). It prescribes how speed readings from laser speed measuring devices can be admitted, including required testing, sealing and operator certificates and reliance on Australian Standards and manufacturer specifications (sections 29–33). It also provides for admissibility of evidence and certified copies of general orders (sections 34–36).\n\n- Sets a range of miscellaneous procedural and administrative provisions: how to calculate the daily rate of pay for convicted persons (section 37); notional ranks for chaplains in disciplinary matters (section 38); modified penalty options and tables for officer cadets (section 39); prescribed forms for oaths, cautions and acknowledgements (Schedule 1 and sections 40–50); specified service offences and prescribed classes for various Act provisions (sections 51–52); a requirement for service chiefs to keep records of prior convictions and to make them available on request (section 53); prescribed places for certain investigative powers (Schedule 2 and section 44); and transitional savings for things done under the old regulations (section 54).\n\nWho is affected\n\n- Detainees in Defence Force detention centres and the officers who run those centres (Part 2).\n- Officers with responsibility for appointing visiting officers or approved testers, and service chiefs responsible for record‑keeping (sections 17, 31, 53).\n- Police members who operate speed measuring devices and approved testers who test and seal those devices (sections 30–33, Schedule 1 Forms).\n- Members of the Defence Force generally in so far as the regulations set procedural rules that apply to disciplinary investigations, charging, evidence, and service offences (multiple sections across Parts 4 and 5).\n- Persons sending correspondence to detainees (sections 22–25, 23(3)–(6)).\n\nWhy it matters (stated purpose and practical mechanisms)\n\n- Statutory basis and stated purposes: the instrument is made under the Defence Force Discipline Act 1982 (section 3). Parts 2 and 3 explicitly make provision for the conduct and administration of detention centres and remission of detention punishments for the purposes of section 178D of the Act (sections 8 and 26). Part 4 makes rules of evidence for trials under the Act (section 29).\n\n- Implementation mechanics that change behaviour and allocate responsibilities:\n - Command responsibilities and daily operational duties fall to the officer in charge, who must interview detainees on admission, inform them of relevant rules, inspect parts of the centre daily as far as practicable, and perform unannounced night inspections weekly (section 10). These are affirmative management obligations on Defence personnel.\n - Officers are given discretionary powers to permit or restrict visitors, open and impound mail in specified circumstances, and authorise additional purchases or communications for detainees (sections 19, 22–25, 14). Those discretions determine detainee access and communications.\n - Remission rules (section 27) create a concrete, formulaic reduction in sentence length (one‑quarter for ≥28 days) that is mechanically reduced by days of particular punishments; that creates a direct link between custodial punishments and the amount of remission credited.\n - Evidence rules for laser speed devices require technical testing and certification against specified Australian Standards and manufacturer specifications and create an evidentiary presumption where certification is produced (section 30(2) and subsection 30(3); sections 31–33; Schedule 1 Forms 1–3). These provisions allocate compliance tasks (testing, sealing, certifying) to identified roles (approved testers and police operators).\n - The regulations prescribe procedural forms and record‑keeping obligations (Schedule 1; section 53), fixing the documentary standards for cautions, acknowledgements, witness certificates and other procedural steps.\n\nCosts, incentives, trade‑offs, compliance burden and discretion (source‑grounded)\n\n- Who decides and exercises discretion: multiple provisions vest discretion in the officer in charge or other authorised officers (for example, to permit additional letters or purchases (section 14), to determine whether a visitor may be admitted (section 19(5)), or to open mail where security is reasonably believed at risk (section 24(2))). Visiting officers are appointed by an authorized officer and must investigate and report complaints (sections 17–18). An authorized officer of specified senior rank appoints approved testers (section 31). These create clear loci of administrative decision‑making.\n\n- Compliance and administrative burden: the regulations require specific, recurring administrative actions that create workload for Defence personnel, for example:\n - interviews on admission and daily inspections (section 10(2)–(3));\n - routine testing, sealing and certification of speed measuring devices and completion of Forms 1–3 (sections 30–33 and Schedule 1);\n - record‑keeping of convictions by service chiefs and provision of copies on request (section 53);\n - completion and retention of prescribed acknowledgement and caution forms when conducting interviews, searches or identity procedures (sections 43, 45–50 and Schedule 1).\n\n- Effects on detainees’ choices and rights (procedural constraints): detainees may send and receive a limited number of letters weekly and can be required to agree to opening of post sent by post (section 23(1)–(2)). Legal, parliamentary and oversight correspondence is afforded confidentiality in most cases (section 23(3)–(6)). Detainees may be directed to perform work (6–9 hours if practicable, not more than 9; section 21) subject to health and religious exceptions (section 21(3)–(4)). Remission and its reductions provide a structured incentive tied to behaviour and punishments (section 27).\n\n- Technical and implementation risks: the admissibility of speed‑measurement evidence depends on testing to Australian Standards and manufacturer specifications as in force when the instrument commenced (section 30(2)). That ties evidentiary admissibility to continuing technical compliance and to the availability of approved testers (section 31).\n\n- Limited direct impact on private markets: apart from the technical conformity requirement for speed measuring devices (section 30(2)(a)(ii),(b)(ii),(c)), the instrument primarily governs internal Defence Force administrative, disciplinary and evidentiary procedures rather than setting general market or commercial regulation.\n\nOther concrete notes from the text\n\n- The regulations prescribe that a person who tampers with a sealed speed measuring device commits an offence punishable by 2 penalty units (section 33).\n- Service of summonses and notices may include delivery to an email address provided to a Defence Force member (section 41(f)).\n- The instrument preserves actions taken under the 1985 regulations if those actions could be done under the new instrument (transitional saving, section 54)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain the traditional scope of military discipline regulations. They update and consolidate the 1985 regulations without significant expansion into new areas. The content covers detention administration, evidence rules, and procedural matters—all traditional areas for such regulations. The 2018 version appears to be a modernisation and re-enactment rather than a scope expansion."},"complexity_factors":["Extensive cross-referencing to the Defence Force Discipline Act 1982 (the parent Act), with over 30 specific section references","Multiple conditional exceptions and nested rules, particularly in Part 2 regarding mail inspection (sections 23-24) where privileged communications have exceptions for security concerns","Detailed tabular modifications to Schedule 3 of the parent Act regarding punishment limits for officer cadets (section 39)","Specific technical requirements for speed measuring devices referencing Australian Standards AS 4691.1-2003 and AS 4691.2-2003 (section 30)","9 prescribed forms in Schedule 1 with detailed fields and conditional instructions (e.g., 'Strike out whichever is inapplicable', 'Omit if inapplicable')","Three-tier classification system for detention centres with different rules applying to each (unit, area, corrective)","Complex remission calculation rules in section 27 with multiple reduction factors for different types of punishment","Geographic schedule (Schedule 2) listing 50+ specific locations across all states and territories","Multiple definitions importing concepts from the parent Act plus 12 additional defined terms in section 7"],"plain_english_summary":"This legislation sets out the detailed rules for how the Australian Defence Force (ADF) handles military discipline, detention, and evidence in legal proceedings.\n\n**What it does:**\n\nThe regulations cover four main areas:\n\n1. **Running military prisons (detention centres)**\n - Establishes three types of detention centres with different maximum stay limits: unit detention (up to 7 days), area detention (up to 14 days), and corrective detention (any period)\n - Sets standards for cell size, bedding, cleanliness, food, exercise, and access to newspapers/TV\n - Requires daily visits by the officer in charge and weekly unannounced night inspections\n - Allows detainees to receive visitors (including lawyers, doctors, chaplains, and family) and send/receive mail, though letters can be opened and inspected for security reasons\n - Protects privileged communications to MPs, lawyers, the Defence Force Ombudsman, and Inspector-General ADF from being read\n - Permits detainees to practice their religion and perform supervised work (6-9 hours daily, not on religious holidays)\n - Allows \"remission\" (early release) of up to one-quarter of sentences over 28 days for good behaviour, though this can be reduced for misbehaviour in detention\n\n2. **Evidence rules for military trials**\n - Creates special rules for using speed cameras/radar devices as evidence in military courts, requiring specific testing, sealing, and certification by approved testers\n - Allows evidence from earlier summary hearings to be used in later trials if fair and with consent\n - Makes certified copies of general orders admissible as evidence\n - Modifies the Evidence Act 1995 to cover \"control, operation and administration of the Defence Force\"\n\n3. **Procedural matters**\n - Prescribes specific forms for oaths, cautions, acknowledgements of interviews, and consent to searches\n - Lists specific places where ADF members can be questioned (covering military bases across all states and territories)\n - Sets out how to calculate daily pay rates for fined personnel\n - Assigns notional military ranks to chaplains for discipline purposes\n - Limits who can arrest whom (for example, non-officer police members generally cannot arrest officers unless the offence involves violence or specific serious offences)\n - Specifies how summonses and notices must be served (in person, by post, by email to Defence addresses, etc.)\n\n4. **Transitional arrangements**\n - Ensures things done under the old 1985 regulations remain valid under these new 2018 regulations\n\n**Who it affects:**\n\n- ADF members who are sentenced to detention\n- Military police and officers who run detention centres\n- ADF members facing disciplinary proceedings or trials by court martial or Defence Force magistrate\n- Chaplains, legal officers, and visiting officers involved in the detention system\n\n**Why it matters:**\n\nThese regulations ensure military detention meets basic human rights standards while maintaining discipline. They also ensure military trials follow proper evidence rules and that ADF members receive fair process when accused of offences. The detailed forms and procedures protect both the rights of accused personnel and the operational needs of the Defence Force."}},"importantCases":[],"_links":{"self":"/api/acts/defence-force-discipline-regulations-2018","history":"/api/acts/defence-force-discipline-regulations-2018/history","analysis":"/api/acts/defence-force-discipline-regulations-2018/analysis","conflicts":"/api/acts/defence-force-discipline-regulations-2018/conflicts","importantCases":"/api/acts/defence-force-discipline-regulations-2018/important-cases","documents":"/api/acts/defence-force-discipline-regulations-2018/documents"}}