9HAppointment of discipline officers and senior discipline officers

9H  Appointment of discipline officers and senior discipline officers Discipline officers  (1) A commanding officer may, by instrument in writing, appoint any of the following defence members to be discipline officers:  (a) officers (other than officer cadets);  (b) warrant officers;  (c) chief petty officers;  (d) flight sergeants.  (2) A member appointed under subsection (1) is a discipline officer.  (3) The commanding officer must specify in the member’s instrument of appointment the kinds of prescribed defence members and kinds of disciplinary infringements that the member may deal with as a discipline officer. Note: There are also other limits on the kinds of prescribed defence members and disciplinary infringements a discipline officer may deal with: see subsection 9F(1). Senior discipline officers  (4) A commanding officer may, by instrument in writing, appoint defence members who hold any of the following ranks to be senior discipline officers:  (a) in any case—a rank of or above lieutenant commander, major or squadron leader;  (b) if the commanding officer is a lieutenant commander, major or squadron leader—a rank of lieutenant in the Navy, captain in the Army or flight lieutenant.  (5) A member appointed under subsection (4) is a senior discipline officer.  (6) The commanding officer must specify in the member’s instrument of appointment the kinds of prescribed defence members and kinds of disciplinary infringements that the member may deal with as a senior discipline officer. Note: There are also other limits on the kinds of prescribed defence members a senior discipline officer may deal with: see subsection 9F(2). 9HA  Appointment of infringement officers  (1) A commanding officer may, by instrument in writing, appoint defence members who hold a rank of or above non‑commissioned officer to be infringement officers.  (2) A member appointed under subsection (1) is an infringement officer. Division 8—Miscellaneous 9J  Consequences of punishments  (1) The Chief of the Defence Force or a service chief may, by legislative instrument, make rules with respect to the consequences, in relation to a prescribed defence member, that are to flow from the imposition under this Part on that member of any of the following punishments:  (a) restriction of privileges;  (b) stoppage of leave;  (c) extra duties;  (d) extra drill.  (2) The commanding officer of a prescribed defence member who is subject to a punishment referred to in paragraph (1)(a) or (c) may moderate the consequences of that punishment in relation to the member in such manner as the commanding officer considers appropriate, having regard to the particular circumstances of the case and to any directions, in writing, of the Chief of the Defence Force or a service chief.  (3) A direction made under subsection (2) is not a legislative instrument.  (4) Even if a prescribed defence member is subject to a punishment of stoppage of leave, the commanding officer of the member may, if satisfied that it is appropriate to do so, grant leave of absence to the member. 9JA  Monthly report by discipline officers and senior discipline officers  (1) As soon as practicable after the end of each month, each discipline officer and senior discipline officer must give a report in accordance with subsection (2) to the officer’s commanding officer.  (2) The report must be in writing and must contain in relation to each disciplinary infringement dealt with by the officer under this Part in the month:  (a) the name of the prescribed defence member; and  (b) the nature of the disciplinary infringement; and  (c) the decision made under subsection 9FB(1). Note: A report under this section is a Part IA record for the purposes of section 9JB. 9JB  Records relating to disciplinary infringements  (1) The Chief of the Defence Force may, by legislative instrument, make rules for, or in relation to, the following:  (a) the keeping of Part IA records;  (b) the retention, use or destruction of Part IA records.  (2) A Part IA record is any part of a record that:  (a) relates to a person’s service as a defence member; and  (b) is kept by any means under a law of the Commonwealth; and  (c) relates to this Part.  (3) A person must comply with any rules made under subsection (1). Part II—Criminal liability