CTHIn ForceAct
Defence Force Discipline Act 1982
9GCommand review of decisions of senior discipline officers
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9G Command review of decisions of senior discipline officers
(1) A commanding officer must review a decision by a senior discipline officer under paragraph 9FB(1)(a) to impose a punishment on a prescribed defence member in relation to a disciplinary infringement.
(2) As soon as practicable after the decision is made by the senior discipline officer, the commanding officer must make one of the following decisions:
(a) a decision to confirm the senior discipline officer’s decision to impose the punishment;
(b) a decision to substitute the senior discipline officer’s decision with a decision that:
(i) a reduced punishment is imposed; or
(ii) no punishment is imposed; or
(iii) the infringement is dismissed and no punishment is imposed.
Note: Regardless of whether the decision is confirmed or substituted, the prescribed defence member has been dealt with under the infringement scheme in relation to the infringement: see subsection 9C(3).
(3) A reduced punishment is:
(a) if the punishment is for or relates to a period—the same punishment for or relating to a lesser period; or
(b) if the punishment is a fine—a lower fine; or
(c) any other punishment that occurs after that punishment in column 2 of item 2 of the table in subsection 9FB(2).
(4) A substituted decision takes effect at the time specified in the decision, which may be a time before the substituted decision is made.
(5) This section has effect subject to subsection 9J(4).
Division 7—Discipline officers, senior discipline officers and infringement officers