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Commonwealth legislation
This Act has been repealed and is no longer in force. It is retained for historical reference.
These regulations set out the operational rules for military discipline and detention under the Defence Force Discipline Act 1982.
Detention Centres: They establish three types of military prisons—unit (max 7 days), area (max 14 days), and corrective centres. Officers in charge must conduct daily welfare checks, ensure proper accommodation (separate beds, adequate cells), and provide food equal to what other service members receive.
Living Conditions and Rights: Detainees can receive visits from lawyers, doctors, chaplains and family (monitored by staff), practice their religion, and send/receive mail. Letters to MPs, lawyers or the Defence Force Ombudsman are privileged and generally cannot be opened, though other mail may be inspected for contraband or security threats.
Work and Release: Detainees work 6–9 hours daily for the Commonwealth's benefit, with Sundays and religious holidays off. They can earn "remission" (sentence reduction of up to one-quarter) for good behaviour, but lose days if punished further while inside. Release dates can be moved earlier if they fall on weekends or public holidays.
Evidence and Prosecution: The regulations include detailed technical rules for using speed measuring devices (radar and laser) in military prosecutions, requiring specific calibration, sealing, and operator procedures. They also specify how evidence from earlier hearings can be reused, and modify standard evidence laws for military courts.
Procedures and Administration: They cover how legal documents are served, who can arrest whom (restrictions based on rank), how fines are calculated using daily pay rates, and how chaplains are assigned equivalent military ranks for discipline purposes. Various forms are prescribed for oaths, cautions to suspects, and consent to searches.
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Direct links to the current provisions in Defence Force Discipline Regulations 1985.
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View on official registerSourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.