Part IIDetainees and detention centres

## Part I—Preliminary #### 1 Name of Regulations These Regulations are the Defence Force Discipline Regulations 1985. #### 2 Commencement These Regulations shall come into operation on 3 July 1985. #### 3 Interpretation In these Regulations, unless the contrary intention appears: > member of the staff has the same meaning as in Part XA of the Act. > officer cadet means an officer who holds: (a) in the Navy—the rank of midshipman; or (b) in the Army or the Air Force—the rank of officer cadet. > the Act means the Defence Force Discipline Act 1982. #### 3A Application of Criminal Code Chapter 2 of the Criminal Code applies to offences against these Regulations. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. ## Part II—Detainees and detention centres ### Division 1—Application #### 4 Application of Divisions 2 and 3 The requirements of Divisions 2 and 3 apply in respect of a detention centre under the control of a part of the Defence Force the members of which are on active service only if, and to the extent that, the exigencies of service permit. ### Division 2—General administration and classification of detention centres #### 5 Detention centres (1) A detention centre shall be conducted as: (a) a unit detention centre; (b) an area detention centre; or (c) a corrective detention centre; as declared in writing by the Chief of the Defence Force, a service chief or an authorized officer. (2) A person who is sentenced to detention for a period shall not be detained: (a) in a unit detention centre—if the period exceeds 7 days; or (b) in an area detention centre—if the period exceeds 14 days. (3) In calculating a period of detention for the purposes of subregulation (2): (a) where a detainee is sentenced to 2 or more concurrent periods of detention—the period of detention shall be taken to be the longer or longest of those periods; or (b) where a detainee is sentenced to 2 or more periods of detention to be served consecutively—the period shall be taken to be the aggregate of those periods. #### 6 Duties of officer in charge (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 centre and the welfare of all detainees in the centre. (2) The officer in charge of a detention centre shall: (a) cause each detainee to be interviewed as soon as practicable after the detainee is admitted to the centre; and (b) cause to be brought to the attention of each detainee such of these Regulations and the general orders as are applicable to the detainee in relation to the detainee’s detention in the centre. (3) The officer in charge of a detention centre shall: (a) as far as practicable, visit each part of the detention centre and each detainee every day; (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 centre; and (c) ensure that the treatment of detainees is consistent with their rehabilitation for further naval, military or air force service. #### 7 Accommodation of detainees (1) Every detainee shall, as far as practicable, be accommodated in a separate cell. (2) Where it is not practicable to provide every detainee with a separate cell, there shall be not less than 3 detainees accommodated in each cell containing more than one detainee. (3) Every detainee shall be provided with a separate bed. (4) Every cell shall: (a) be of such a size and be provided with such heating, lighting, ventilation and equipment as is necessary for the preservation of the physical and mental health of a detainee; and (b) be provided with a means of enabling a detainee to express at any time a wish to communicate with a member of the staff. #### 8 Cleanliness A detainee shall be provided with facilities to enable the detainee to maintain proper standards of cleanliness and clothing. #### 9 Meals (1) A detainee shall be provided each day with food of such type and in such quantities as is ordinarily provided to other members of the Defence Force. (2) A detainee may, subject to the general orders, purchase food in addition to that provided in accordance with subregulation (1). #### 10 Purchases A detainee may make such purchases, not being purchases referred to in regulation 9 or 12, as the officer in charge of the detention centre thinks fit. #### 11 Exercise A detainee under punishment of segregated confinement or confinement to cell or who is directed to work indoors within a detention centre shall, if practicable, be permitted to exercise daily in open air. #### 12 Newspapers etc A detainee shall be permitted to purchase such newspapers and be permitted to view or listen to such daily television or radio broadcasts as the officer in charge of the detention centre thinks reasonable. #### 13 Visiting officers An authorized officer shall appoint, in respect of each area detention centre or corrective detention centre, at least one officer to be a visiting officer. #### 14 Duties of visiting officers A visiting officer shall: (a) visit and inspect the area detention centre or corrective detention centre in respect of which the visiting officer is appointed at such times or at such intervals as an authorized officer directs; (b) as far as practicable, visit all detainees at that detention centre and hear any complaints or requests they wish to make; (c) furnish a report to the proper authority after each visit and inspection made pursuant to paragraph (a); and (d) make a record of any complaint made to the officer by a detainee and make such inquiries into the complaint as are reasonable and report the complaint and the result of those inquiries to the proper authority. #### 15 Visits (1) A detainee shall be permitted at reasonable times to receive visits from: (a) a visiting officer appointed under regulation 13; (b) a medical officer; (c) a chaplain; (d) a legal practitioner; or (e) a police officer. (2) A detainee shall be permitted to receive visits from persons other than persons referred to in subregulation (1). (3) Permission given under subregulation (2) to receive a visit at a detention centre may be given subject to such reasonable conditions as the officer in charge of the detention centre thinks fit. (4) A visit permitted under this regulation shall take place out of the hearing, but within the sight, of a member of the staff. (5) Where there are reasonable grounds for believing that a visitor to a detention centre is likely to endanger or interfere with the security or discipline of the centre the officer in charge of the centre may refuse the visitor entry to, or cause the visitor to be removed from, the centre and may use such reasonable force as is necessary for the purpose. #### 16 Religion A detainee shall, as far as is reasonable, be permitted to: (a) engage in the normal activities of his or her religion or, with the approval of the officer in charge of the detention centre, of another religion; and (b) have in his or her possession or have access to books and objects used in the practice of his or her religion. #### 17 Employment (1) The officer in charge of a detention centre may direct a detainee to be employed in kinds of work that it is reasonable to expect the detainee to perform. (2) In directing a detainee to perform particular work, the officer in charge of a detention centre shall take into account the religion and the mental and physical capacity of the detainee. (3) A detainee shall not be employed otherwise than for the benefit of the Commonwealth. (4) A detainee shall not be required to perform work on a day of religious observance other than such work as is necessary for the continued daily operation of the detention centre. (5) In subregulation (4), day of religious observance means Christmas Day, Good Friday or: (a) in the case of a detainee of a particular denomination, a day recognised as the sabbath in that denomination; or (b) in any other case, Sunday. #### 18 Period of work (1) Subject to subregulation (2), a detainee shall be required to perform work each day for not less than 6 hours, if that is practicable, but not more than 9 hours. (2) A detainee shall not be required to perform work that, in the opinion of a medical practitioner, would be likely to be detrimental to the physical or mental health of the detainee. ### Division 3—Correspondence #### 19 Interpretation—Division 3 In this Division: > authorized member means a member of the staff of a detention centre authorized under regulation 20. > contraband includes any substance or item, other than money, the possession of which by a detainee is not permitted by or under the Act. > letter means a card, telegram, document or other form of written communication and includes an envelope containing any of those things. > parcel means a package or other similar article, and includes any parcel or package containing a book, newspaper, magazine or other similar printed material. #### 20 Persons authorised to open correspondence etc The officer in charge of a detention centre may authorize a member of the staff, to the extent permitted by regulations 21 and 22, to open and inspect letters and parcels sent to or proposed to be sent by a detainee and to read such letters. #### 21 Receiving and sending letters (1) Subject to this Division, 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. (2) A detainee shall be permitted to send: (a) immediately on being admitted—2 letters; (b) in every week of detention—2 letters; and (c) such additional letters as the officer in charge of the detention centre permits. (3) Where a detainee delivers to the officer in charge of a detention centre, or a member of the staff, a letter addressed by the detainee to the Defence Force Ombudsman, a member of Parliament, a member of the legal profession or an authorized officer: (a) the officer in charge shall cause the letter to be sent to the addressee; and (b) the letter shall not be opened, inspected or read other than by the person to whom it is addressed or some other person authorized by that person. (4) A letter that has been, and whose envelope purports to have been, addressed to a detainee by the Defence Force Ombudsman shall not be opened, inspected or read other than by that detainee or some other person authorized by that detainee. (5) Where a member of Parliament or of the legal profession sends to a detainee a letter contained in a sealed envelope accompanied by a letter addressed to the officer in charge of the detention centre indicating that privilege is claimed in respect of the letter in the sealed envelope, that sealed envelope and letter shall not, except as provided in subregulation (6), be opened and inspected or read by any person other than the detainee or some other person authorized by that detainee. (6) Where the officer in charge or an authorized member has reasonable grounds for believing that a sealed envelope referred to in subregulation (5) addressed to a detainee may contain money, contraband or any item or matter that is likely to adversely affect the security, discipline or good order of the centre, the detainee may be required to open the sealed envelope in the presence of the officer in charge or the authorized member. (7) Where a sealed envelope is opened in accordance with subregulation (6) and found to contain money, contraband or any other item or matter that, in the opinion of the officer in charge of a detention centre, may adversely affect the security, discipline or good order of the centre, the sealed envelope or money, contraband, other item or matter contained in the envelope or any or all of them, may be impounded. #### 22 Correspondence to be opened in certain cases (1) Subject to regulation 21, where an officer in charge of a detention centre or an authorized member has reasonable grounds for believing that the security, discipline or good order of the centre is likely to be adversely affected by the delivery to or despatch from a detainee of any letter or parcel the officer in charge or the authorized member may open and inspect that letter or parcel and read that letter. (2) If, following the opening, inspection and reading of a letter or the opening and inspection of a parcel in accordance with subregulation (1), a letter or parcel is found to contain money, contraband or any item or matter that, in the opinion of the officer in charge of a detention centre, may adversely affect the security, discipline or good order of the centre, that letter or parcel and money, contraband or other item or matter contained in the letter or parcel or any or all of them, may be impounded. (3) Where any letter, parcel, contraband or other item or matter is impounded under subregulation (2) at a detention centre the officer in charge of the centre shall inform the detainee. #### 23 Impounded articles Anything impounded under subregulation 21 (7) or 22 (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. ### Division 4—Remission and release #### 24 Remission (1) A detainee is entitled to remission of detention in accordance with this regulation. (2) A detainee who is serving a period of detention of not less than 28 days is, subject to this regulation, entitled to a remission of one‑quarter of the period of detention. (3) Where the remission of a period of detention would, but for this subregulation, reduce the period of detention to less than 24 days, the period of detention remitted shall be limited to so much of the period of detention as exceeds 24 days. (4) Where a custodial punishment is imposed on a detainee, the period of remission to which a detainee would, but for this subregulation, be entitled, shall be reduced: (a) for each day of the punishment of segregated confinement served by the detainee—by 3 days; (b) for each day of the punishment of confinement to a cell served by the detainee—by 2 days; (c) for each day of the punishment of extra drill served by the detainee—by 1 day; or (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. (5) Where a punishment of a period of detention is imposed on a detainee in respect of an offence committed during a period of detention, remission does not accrue in respect of the latter period of detention. #### 25 Release (1) Where, but for this regulation, a period of punishment by remission or otherwise would expire on a Sunday or public holiday, the officer in charge may remit so much of the unexpired period of detention as would enable the detainee to be released on the last day preceding that Sunday or public holiday, as the case requires, that is not a Sunday or public holiday. (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. ## Part III—Evidence #### 25A Evidence of speed of vehicles—use of speed measuring devices (1) In this regulation, unless the contrary intention appears: > AS 4691.1 ‑ 2003 means the Australian Standard, Laser‑based speed detection devices, Part 1: Definitions and device requirements, published by Standards Australia on 12 August 2003. > authorised tester means a person holding an appointment under subregulation (4). > laser‑based device means a device, for measuring the speed of vehicles, of the type known as The Kustom Prolaser II or LTI 20‑20 TruSpeed. > radar device means a device, for measuring the speed of vehicles, of the type known as The Kustom Falcon. > registration number, in relation to a vehicle, means the figures, letters or figures and letters appearing on a number‑plate affixed to the vehicle, and issued or apparently issued by a competent authority or officer of the Commonwealth or a State or Territory. > relevant occasion means an occasion mentioned in subregulation (2) and concerning which evidence is adduced or sought to be adduced in proceedings mentioned in that subregulation. > speed measuring device means a device for measuring the speed of vehicles that is: (a) a laser‑based device; or (b) a radar device. > vehicle means a motor‑powered vehicle, and includes a service vehicle. (2) Subject to subregulation (3), in proceedings before a court martial or Defence Force magistrate for an offence in which the speed of a vehicle on an occasion is a relevant fact or issue, evidence of the speed of the vehicle as measured on that occasion by means of a speed measuring device is evidence of the speed of the vehicle on that occasion. (3) Subregulation (2) does not apply unless the court martial or Defence Force magistrate that is hearing the proceedings is satisfied that: (a) the speed measuring device that was operated on the relevant occasion was, not more that 12 months before that occasion, tested in accordance with subregulation (5) or (5A), and met the criteria specified in paragraph (5) (a) or (5A) (a) when so tested; (b) the device was, upon completion of that test, sealed in accordance with subregulation (6); and (c) on the relevant occasion the device was operated in accordance with subregulation (7) or (7A). (4) An officer, not below the rank of brigadier, commodore or air commodore, may by instrument in accordance with Form 6 appoint an electrical engineer or an electronic technician as an authorised tester for the purposes of this regulation. (5) The requirements for testing a radar device are: (a) that the test is such as will ensure, with respect to the speed computing components of the device, that the device (if it passes the test) meets the following criteria: (i) the circuit is in accordance with the manufacturer’s circuit design, or any modification to that design approved by the manufacturer; (ii) the device is in a satisfactory electrical condition and a satisfactory state of maintenance; and (iii) the device is properly calibrated, and the frequencies at which the calibration is effected produce speed readings, within a limit of error plus or minus 2 kilometres per hour of true speeds, determinable from those frequencies; (b) that the person who conducts the test forthwith makes, signs and dates a statement containing the following information derived from the test: (i) the speeds at which the calibration was effected and the number of times at each speed that the calibration was effected; (ii) the type of the device; (iii) the identification number or symbols of the device; (iv) the date of the test; (v) the ambient temperature at the time of the test; and (vi) any other results of the test and any comments of that person on the test or its results; and (c) that the person who conducts the test is an authorised tester. (5A) The requirements for testing a laser‑based device are: (a) that the test is such as will ensure that the device (if it passes the test) meets the following criteria: (i) the optical output power of the device is within the specification provided by the manufacturer of the device, or any modification to that design approved by the manufacturer; (ii) the device is properly calibrated in accordance with the manufacturer’s instructions, and the frequencies at which the calibration is effected produce the following readings determinable from those frequencies: (A) for speed—within a limit of error plus or minus 2 kilometres per hour of true speeds; (B) for range—within a limit of accuracy of error plus 0.3 metres, or minus 0.4 metres (or plus 1 foot, or minus 2 feet), for both the short range and long range tests, and using either the simulator or physical method mentioned in AS 4691.1 ‑ 2003; and > Note: Appendix A of AS 4691.1 ‑ 2003 sets out the simulator method of testing laser‑based speed detection devices, and Appendix C sets out the physical method. (b) that the person who conducts the test makes, titles and dates a report containing the following information: (i) a unique reference number identifying the report; (ii) the date of the test; (iii) the name and address of the laboratory that performed the test; (iv) the identification number or symbols of the device that was tested; (v) any other results of the test and any comments of that person on the test or its results; and (c) that the person who conducts the test is an authorised tester. (6) The requirements for sealing a speed measuring device are: (a) that the person who seals the device conducted the test of the device in accordance with subregulation (5) or (5A); (b) that the device met the criteria specified in paragraph (5) (a) or (5A) (a) during the test; and (c) that that person upon completion of the test seals the device in such a way as to prevent the device being tampered with or interfered with without breaking the seal. (7) The requirements for operating a radar device are: (a) that the seal on the device is intact; (b) that the digital speed display of the device when connected to a source of electric power displays a reading of (888); (c) that the doppler audio signal of the device is set at a level clearly audible to the operator; (d) that the operator operates the device with the device aimed in the direction of the vehicle whose speed is to be measured while that vehicle is in the operator’s line of vision; (e) that while the device is so aimed the operator reads the speed displayed on the digital speed display of the device; (f) that as soon as practicable the operator records: (i) the speed so displayed; and (ii) the make and registration number of the vehicle whose speed was so measured; and (g) that the operator is a police member. (7A) The requirements for operating a laser‑based device are: (a) the operator of the device must be a police member; and (b) for the Kustom Prolaser II—at the start and the end of each shift in which the device is used, the operator must test the device by performing the following checks, in accordance with the manufacturer’s instructions: (i) an instrument confidence check; (ii) a calibration verification check; (iii) a scope alignment check; and (c) for the LTI 20‑20 TruSpeed—at the start and the end of each shift in which the device is used, the operator must test the device by performing the following tests, in accordance with the manufacturer’s instructions: (i) an initialization and display segments test; (ii) a scope alignment test; (iii) a fixed distance/zero velocity test. (8) The production to a court martial or Defence Force magistrate of a document of appointment in accordance with Form 6 purporting to be signed by an appointing officer mentioned in subregulation (4) and dated not later than the day on which the relevant testing of a speed measuring device was conducted is evidence that the person appointed by the document was, on that day, an authorised tester. (9) The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 7, and a statement made or apparently made in accordance with paragraph (5) (b) or (5A) (b), in relation to a speed measuring device, both purporting to be signed by a person who was an authorised tester on the day mentioned in subregulation (8), is evidence: (a) that the speed measuring device of the type, and bearing the identification number or symbols, mentioned in those documents was, on the date of those documents, tested in accordance with subregulation (5) or (5A), and when so tested met the criteria specified in paragraph (5) (a) or (5A) (a); and (b) that the device was, upon completion of that test, sealed in accordance with subregulation (6). (10) The production to a court martial or Defence Force magistrate of a certificate in accordance with Form 8 purporting to be signed by a police member is evidence that, on the date and at the time and place mentioned in the certificate: (a) the speed measuring device of the type, and bearing the identification number or symbols, mentioned in the certificate was operated in accordance with subregulation (7) or (7A); (b) the speed of a vehicle was measured by means of a speed measuring device and that the speed was the speed set out in the certificate; and (c) the vehicle whose speed was so measured was the vehicle of the make, and bearing the registration number, set out in the certificate. #### 25B Offence in relation to speed measuring devices (1) In this regulation, speed measuring device has the same meaning as in regulation 25A. (2) A person is guilty of an offence if the person engages in conduct that damages, or tampers or interferes with, a sealed speed measuring device or the seal of a radar device. Penalty: $500. #### 26 Admissibility of evidence adduced before summary authority (1) In proceedings before a summary authority in relation to a charge, 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: (a) the summary authority is satisfied that it would not be unfair to the person charged to admit that evidence; and (b) that person consents to the evidence being admitted. (2) 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: (a) the summary authority is satisfied that it would not be unfair to the person charged to admit that record; and (b) that person consents to the record being admitted. #### 27 Evidence of general orders In proceedings before a court martial or Defence Force magistrate, a document certified by a commanding officer to be a copy of a general order is evidence of that order unless the contrary is proved. #### 29 Modifications of provisions of the Evidence Act 1971 (ACT) in their application to proceedings before a court martial or Defence Force magistrate For section 146 of the Act, the provisions of the Evidence Act 1971 of the Australian Capital Territory in their application to proceedings before a court martial or Defence Force magistrate are modified as set out in Schedule 1. #### 30 Modification of the definition of business in subsection 7A of the Evidence Act 1995 in its application to proceedings before a service tribunal For the purposes of section 146 of the Act, the definition of business in subsection 7A (1) of the Evidence Act 1995 in its application to proceedings before a service tribunal is modified: (a) by omitting from paragraph (a) “and” (last occurring); and (b) by inserting at the end the following word and paragraph: “; and (c) the control, operation and administration of the Defence Force or a part of the Defence Force;”. ## Part IV—Miscellaneous #### 31 Calculation of daily rate of pay of convicted person 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: (a) where the convicted person is a person included in the class of persons comprising defence members rendering continuous full‑time service—the amount of the daily rate of salary payable to that person under the determination applicable to the person under section 58B or 58H of the Defence Act 1903 as in force on the day on which that person was convicted; or (b) where the convicted person is a person included in the class of persons comprising defence members who are not rendering continuous full‑time service—the amount that is the daily rate of pay that would be payable to that person under the determination that would, if the convicted person were rendering service other than continuous full‑time service, be applicable to the person under section 58B or 58H of the Defence Act 1903 as in force on the day on which that person was convicted. #### 32 Chaplains—notional rank 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: (a) a Chaplain 4th Class in the Army shall be deemed to hold the rank of Captain in the Army and a Chaplain in the Navy or Air Force with less than 4 years service in the Defence Force as a Chaplain shall be deemed to hold a rank equivalent to that rank; (b) a Chaplain 3rd Class in the Army shall be deemed to hold the rank of Major and a Chaplain in the Navy or Air Force with not less than 4 years service but less than 14 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank; (c) a Chaplain 2nd Class in the Army shall be deemed to hold the rank of Lieutenant‑Colonel and a Chaplain in the Navy or Air Force with not less than 14 years service but less than 20 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank; (d) a Chaplain 1st Class in the Army shall be deemed to hold the rank of Colonel and a Chaplain in the Navy or Air Force with not less than 20 years service as a Chaplain shall be deemed to hold a rank equivalent to that rank; and (e) a Principal Chaplain in the Army shall be deemed to hold the rank of Brigadier and a Principal Naval Chaplain or a Principal Air Chaplain shall be deemed to hold a rank equivalent to that rank. #### 32A Special procedures relating to certain minor disciplinary infringements—junior officers For subsection 6 (2) of the Act, Part IXA of the Act, to the extent to which it relates to the punishment of junior officers, is modified by inserting “(other than an officer cadet)” after “captain” and “flight lieutenant” in the definition of junior officer in section 169A of the Act. #### 33 Members receiving instruction or training (1) For subsection 6 (2) of the Act, this regulation modifies Schedule 3 to the Act to the extent to which it relates to members receiving instruction or training. (2) Schedule 3 is modified by inserting in item 1 of Table B “(other than an officer cadet)” after “squadron leader”. (3) Schedule 3 is modified by inserting after item 2 of Table B: | 3 | 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 daysSevere reprimandRestriction of privileges for a period not exceeding 14 dayStoppage of leave for a period not exceeding 7 daysExtra duties for a period not exceeding 3 daysExtra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 daysReprimand | | --- | ------------- | ----------------------------------------------------------------------------------------------------------------------------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | (4) Schedule 3 is modified by inserting in item 1 of Table C “(other than an officer cadet)” after “Officer”. (5) Schedule 3 is modified by inserting after item 1 of Table C: | 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 day | Fine not exceeding the amount of the convicted person’s pay for 7 daysSevere reprimandRestriction of privileges for a period not exceeding 14 daysStoppage of leave for a period not exceeding 7 days | | --- | ------------- | ---------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | | | | Extra duties for a period not exceeding 3 daysExtra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 daysReprimand | (6) Schedule 3 is modified by omitting from Table D “Member below non‑commissioned rank” and substituting “Officer cadet or member below non‑commissioned rank”. #### 33A Form of oath or affirmation For the purposes of subsection 86A (2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2. #### 34 Service of summons etc A summons that is required by subsection 87 (2) or 88 (2) of the Act or a notice that is required by subsection 98 (6) or 99 (3) of the Act to be served on a natural person shall be served: (a) by delivering the summons or notice to that person personally; (b) in the case of a notice—by prepaying and posting the notice as a letter addressed to that person at the person’s last‑known place of residence or business or, if the person is carrying on business at 2 or more places, at one of those places; (c) by leaving the summons or notice at the last known place of residence of that person with some person apparently resident at that place and apparently not less than 16 years of age; or (d) by leaving the summons or notice at the last‑known place of business of that person or, if the person is carrying on business at 2 or more places, at one of those places with some person apparently in the service of that person and apparently not less than 16 years of age. #### 35 Power of arrest: service policemen and others (1) For the purposes of paragraph 89 (2) (d) of the Act: (a) a police member who is not an officer; or (b) a person, who is not an officer, lawfully exercising authority under or on behalf of a service police officer; does not have power of arrest over an officer unless the service offence concerned is mutiny or a service offence involving disorderly or violent behaviour. (2) For the purposes of paragraph 89 (2) (d) of the Act: (a) a police member who is not a prescribed officer; or (b) a person, who is not a prescribed officer, lawfully exercising authority under or on behalf of a service police officer; does not have power of arrest over a defence civilian. (3) In subregulation (2), prescribed officer means an officer, a service police warrant officer or a service police non‑commissioned officer. #### 35A Form of oath or affirmation For the purposes of subsection 101AA (2) of the Act, the prescribed form of oath or affirmation is Form 1A in Schedule 2. #### 36 Form of caution for purposes of subsection 101D (2) of the Act For the purposes of subsection 101D (2) of the Act, the prescribed form of caution is Form 1 in Schedule 2. #### 37 Prescribed places for purposes of section 101F of the Act Each of the places specified in Schedule 3 is prescribed for the purposes of section 101F of the Act. #### 38 Form of acknowledgment of record of interview 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, where the record of interview is: (a) not more than one page—the accused signs an acknowledgment endorsed at the end of that page that the record is a full and correct record; or (b) more than one page—the accused signs an acknowledgment endorsed at the end of the last of those pages that the record is a full and correct record and signs the end of each other page. #### 39 Form of certificate for purposes of sub‑subparagraph 101K (4) (d) (ii) (B) of the Act For the purposes of sub‑subparagraph 101K (4) (d) (ii) (B) of the Act, the prescribed form of certificate is Form 2 in Schedule 2. #### 40 Form of explanation for purposes of paragraph 101K (4) (e) of the Act For the purposes of paragraph 101K (4) (e) of the Act, the prescribed form of explanation is Form 3 in Schedule 2. #### 41 Prescribed class of persons for purposes of paragraph 101K (14) (a) of the Act (1) For the purposes of paragraph 101K (14) (a) of the Act, each of the following classes of persons is prescribed, namely, officers, warrant officers and non‑commissioned officers (not below the rank of sergeant or equivalent), other than service policemen or members who hold a rank below the rank held by the investigating officer conducting the interview in respect of which that paragraph is applied. (2) In subregulation (1), investigating officer has the same meaning as in Part VI of the Act. #### 42 Form of acknowledgment for purposes of subsection 101N (2) of the Act For the purposes of subsection 101N (2) of the Act, the prescribed form of acknowledgment is Form 4 in Schedule 2. #### 43 Form of acknowledgment for purposes of subsection 101ZA (2) of the Act For the purposes of subsection 101ZA (2) of the Act, the prescribed form of acknowledgment is Form 5 in Schedule 2. #### 44 Prescribed service offences for purposes of paragraph 104 (b) of the Act For the purposes of paragraph 104 (b) of the Act, each of the following service offences is prescribed: (a) a service offence that is punishable by imprisonment for more than 2 years, other than: (i) an offence against subsection 43(1) or section 47C, 47P, 47Q, 48 or 52 of the Act; or (ii) an offence that is an ancillary offence in relation to an offence referred to in subparagraph (i); (b) an offence against section 18, 36, 39 or 58 of the Act. #### 45 Prescribed class of officers for the purposes of paragraph 108 (4) (a) of the Act For the purposes of paragraph 108 (4) (a) of the Act, the following class of officers is prescribed, namely, officer cadets. #### 45A Remuneration for Deputy Judge Advocates General (Act s 185) For the purposes of subsection 185 (1) of the Act, the remuneration to be paid to a Deputy Judge Advocate General for work done as a Deputy Judge Advocate General on a day is: (a) if the work takes less than 6 hours on the day—$375 for each hour, or part of an hour, worked on the day; and (b) if the work takes 6 hours or more on the day—$2,250 for the work done on the day. > Note 1: This regulation does not apply to a Deputy Judge Advocate General who is a Justice or Judge of a federal court, or a Supreme Court of a State or Territory, and who is receiving salary or annual allowances as such a Justice or Judge—see subs 185 (4) of the Act. > Note 2: If a Deputy Judge Advocate General is a defence member, and the remuneration to which he or she would be entitled under this regulation exceeds the pay to which he or she is entitled as a defence member, he or she is entitled to receive in respect of his or her office as a Deputy Judge Advocate General, only an amount equal to the excess—see subs 185 (5) of the Act. #### 46 Fees For the purposes of subsections 195 (1) and (2) of the Act, the prescribed fee for the supply of a copy of the record of the proceedings of a trial is: (a) where the number of pages copied does not exceed 50—$12; or (b) where the number of pages copied exceeds 50—$12 plus 10 cents for each page copied in excess of 50. #### 47 Record of previous convictions (1) The service chief of each arm of the Defence Force shall, in respect of each member of the Defence Force in that arm, for the purposes of facilitating compliance with subsection 70 (2) of the Act, cause to be kept a record of the convictions of the member for service offences, civil court offences and overseas offences. (2) The service chief of an arm of the Defence Force shall, 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 regulation in respect of that member. ## Part V—Transitional #### 48 Transitional (1) This regulation applies in relation to amendments made by Schedule 6 to the Defence Legislation Amendment Act 2008. (2) In this regulation: > amendments made by Schedule 6 to the Act means the amendments and repeals made by the provisions of Schedule 6 to the Defence Legislation Amendment Act 2008. > commencement day means the day on which Schedule 6 to the Defence Legislation Amendment Act 2008 commences. > disciplinary infringement has the same meaning as it has in section 169A of the Act. > old DFD Act means the Defence Force Discipline Act 1982 as in force immediately before the commencement day. (3) The amendments made by Schedule 6 to the Act apply in relation to a disciplinary infringement committed by a person subject to Part IXA of the old DFD Act before the commencement day if, before the commencement day: (a) the person had not been charged with the offence under the old DFD Act; or (b) the person had been given an infringement notice in relation to the disciplinary infringement under the old DFD Act, but no action to deal with the infringement notice had been taken under the old DFD Act. > Note: Subitem 3 (1) of Schedule 8 to the Defence Legislation Amendment Act 2008 provides for the application of provisions of Schedule 6 in relation to acts and omissions that take place on or after the commencement day.