Defence Force Discipline Regulations 2018

This instrument, the Defence Force Discipline Regulations 2018, is a set of subordinate regulations made under the Defence Force Discipline Act 1982 (the Act) that prescribes procedural, administrative and evidentiary rules for the operation of the military discipline system. It took effect in full on 1 April 2018 (reg 2). The instrument replaces the Defence Force Discipline Regulations 1985 (Schedule 3), and contains operational detail organised into Parts and Schedules that the Act refers to.

Mechanically, the instrument does the following:

Prescribes forms for use throughout the discipline process (Schedule 1, Forms 1-9; see reg 4 and Part 5, ss 40-50). These forms include certificates for speed‑device testing and operation (Forms 2 and 3), caution and oath forms (Forms 4 and 5), acknowledgements for interviews, identification parades and searches (Forms 7-9), and an instrument for appointing approved testers (Form 1).
Sets detailed rules and minimum standards for detention centres and detainees: classification of centres (unit, area, corrective), capacity limits tied to sentence length, accommodation, cleanliness, meals, exercise, visits, mail handling and permitted work (Part 2, ss 8-25).
Provides remission and release mechanics for sentences of detention, including the entitlement to one‑quarter remission for sentences of at least 28 days, a minimum remitted period of 24 days, and specified reductions in remission for certain punishments (Part 3, ss 26-28).
Establishes rules of evidence for specified matters in trials before court martial or Defence Force magistrates, most notably the conditions under which speed measuring device readings are admissible, appointment and certification of approved testers, and a tampering offence (Part 4, Div 1, ss 29-33). It also sets admission rules for evidence already adduced before summary authorities and treats certified copies of general orders as prima facie evidence (Part 4, Div 2, ss 34-36).

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Defence Force Discipline Regulations 2018

I, 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.

Dated 15 March 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Defence Personnel

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedule 1

5 Schedule 2

6 Schedule 3

7 Definitions

Part 2—Detainees and detention centres

Division 1—Application

8 Application of Part

Division 2—General administration and classification of detention centres

9 Periods of detention

10 Duties of officer in charge of detention centre

11 Accommodation of detainees

12 Cleanliness

13 Meals

14 Purchases

15 Exercise

16 Newspapers etc.

17 Visiting officers

18 Duties of visiting officers

19 Visits

20 Religion

21 Performing work

Division 3—Letters and parcels

22 Staff members approved to open letters and parcels

23 Receiving and sending letters and parcels

24 Letters and parcels to be opened in certain cases

25 Impounded articles

Part 3—Remission and release

26 Application of Part

27 Remission

28 Release

Part 4—Rules of evidence

Division 1—Evidence of speed of conveyances

29 Application of Division

30 Evidence of speed of conveyances—use of speed measuring devices

31 Approved tester

32 Certificates

33 Offence in relation to speed measuring devices

Division 2—Other rules of evidence

34 Admissibility of evidence adduced before summary authority

35 Evidence of general orders

36 Modification of the Evidence Act 1995 in its application to proceedings before a court martial or Defence Force magistrate

Part 5—Miscellaneous

37 Calculation of daily rate of pay of convicted person

38 Chaplains—notional ranks

39 Members receiving instruction or training

40 Form of oath or affirmation

41 Service of summonses and notices

42 Power of arrest

43 Form of caution

44 Prescribed places for purposes of subsection 101F(1) of the Act

45 Form of acknowledgement of record of interview

46 Form of certificate for purposes of sub‑subparagraph 101K(4)(d)(ii)(B) of the Act

47 Form of explanation for purposes of paragraph 101K(4)(e) of the Act

48 Prescribed class of persons for purposes of paragraph 101K(14)(a) of the Act

49 Form of acknowledgement for purposes of subsection 101N(2) of the Act

50 Form of acknowledgement for purposes of subsection 101ZA(2) of the Act

51 Prescribed service offences for purposes of paragraph 104(b) of the Act

52 Prescribed class of officers for the purposes of paragraph 108(4)(a) of the Act

53 Record of previous convictions

Part 6—Transitional provision

54 Things done under the Defence Force Discipline Regulations 1985

Schedule 1—Forms

Form 1—Appointment of approved tester

Form 2—Certificate of testing of speed measuring device (valid for 12 months)

Form 3—Certificate of having operated a speed measuring device

Form 4—Form of oath and affirmation

Form 5—Caution to person charged or summoned

Form 6—Certificate of appropriate witness

Form 7—Explanation to accused

Form 8—Acknowledgement of suspect in relation to the holding of an identification parade

Form 9—Acknowledgement of consent to search

Schedule 2—Prescribed places for purposes of subsection 101F(1) of the Act

Schedule 3—Repeals

Defence Force Discipline Regulations 1985

Part 1—Preliminary

1 Name

This instrument is the Defence Force Discipline Regulations 2018.

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 April 2018. 1 April 2018

Note: 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.

(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.

3 Authority

This instrument is made under the Defence Force Discipline Act 1982.

4 Schedule 1

Schedule 1 to this instrument sets out forms for the purposes of certain provisions of the Act or this instrument.

5 Schedule 2

Schedule 2 to this instrument specifies places that are prescribed for the purposes of section 101F of the Act.

6 Schedule 3

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.

7 Definitions

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) authorized officer;

(b) detainee;

(d) officer;

(e) service chief.

In this instrument:

Act means the Defence Force Discipline Act 1982.

approved staff member of a detention centre means a person appointed under subsection 22(1) as an approved staff member of the detention centre.

approved tester means a person appointed under section 31 as an approved tester.

area 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.

contraband includes any substance or item, other than money, the possession of which by a detainee is not permitted by or under the Act.

conveyance means:

(a) a vehicle; or

(b) a vessel; or

(d) any other means of transport.

corrective 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.

day of religious observance for a detainee means:

(a) a day of religious observance for the detainee’s religion; or

(b) Sunday.

designated officer means an officer, a service police warrant officer or a service police non‑commissioned officer.

engage in conduct includes omitting to perform an act.

Inspector‑General ADF has the same meaning as in the Defence Act 1903.

investigating officer has the same meaning as in Part VI of the Act.

letter means a card, document or other form of written communication and includes an envelope containing any of those things.

member of the staff of a detention centre has the same meaning as in Part XA of the Act.

officer cadet means an officer who holds:

(a) the Navy rank of midshipman; or

(b) the Army rank of staff cadet or officer cadet; or

parcel means a package or other similar article.

speed measuring device means a laser‑based device for measuring the speed of conveyances.

unit 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.

vehicle means a motor‑powered vehicle, and includes a service vehicle.

visiting officer means an officer appointed under section 17 as a visiting officer for an area detention centre or corrective detention centre.

Part 2—Detainees and detention centres

Division 1—Application

8 Application of Part

(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.

(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.

Division 2—General administration and classification of detention centres

9 Periods of detention

(1) A person who is sentenced to detention in a detention centre for a period must not be detained:

(a) if the period exceeds 7 days—in a unit detention centre; or

(b) if the period exceeds 14 days—in an area detention centre.

(2) For the purposes of subsection (1):

(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

(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.

10 Duties of officer in charge of detention centre

(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.

(2) The officer in charge of a detention centre must:

(a) cause each detainee to be interviewed as soon as practicable after the detainee is admitted to the detention centre; and

(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.

(3) The officer in charge of a detention centre must:

(a) as far as practicable, visit each part of the detention centre and each detainee in the detention centre every day; and

(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

(c) ensure that the treatment of detainees in the detention centre is consistent with their rehabilitation for further naval, military or air force service.

11 Accommodation of detainees

(1) Each detainee must, as far as practicable, be accommodated in a separate cell.

(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.

(3) Each detainee must be provided with a separate bed.

(4) Each cell in a detention centre must:

(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

(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.

12 Cleanliness

A detainee must be provided with facilities to enable the detainee to maintain proper standards of cleanliness and clothing.

13 Meals

(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.

(2) A detainee may, subject to any relevant general order, purchase food in addition to that provided in accordance with subsection (1).

14 Purchases

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.

15 Exercise

A detainee who:

(a) is under punishment of segregated confinement; or

(b) is under punishment of confinement to cell; or

must, if practicable, be permitted to exercise daily in open air.

16 Newspapers etc.

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.

17 Visiting officers

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.

18 Duties of visiting officers

A visiting officer for an area detention centre or corrective detention centre must:

(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

(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

(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:

(i) make a record of the complaint;

(ii) make such inquiries into the complaint as are reasonable;

(iii) report the complaint and the result of those inquiries to the proper authority.

19 Visits

(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:

(a) if the detention centre is an area detention centre or corrective detention centre—a visiting officer for that centre;

(b) a medical officer;

(d) a legal practitioner;

(e) a police member;

(f) a constable.

(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).

(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.

(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.

(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:

(a) refuse the visitor entry to the detention centre; or

(b) cause the visitor to be removed from the detention centre.

(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).

20 Religion

A detainee in a detention centre must, as far as is reasonable, be permitted to:

(a) engage in the normal activities of his or her 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.

21 Performing work

(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.

(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.

(3) In directing the detainee to perform particular work, the officer in charge of the detention centre must take into account:

(a) the religion of the detainee; and

(b) the mental and physical capacity of the detainee.

(4) The detainee must not be directed to perform work:

(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

(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

Division 3—Letters and parcels

22 Staff members approved to open letters and parcels

(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.

(2) The officer in charge of a detention centre or an approved staff member of a detention centre may, subject to this Division:

(a) open, inspect and read letters sent to, or proposed to be sent by, a detainee in the detention centre; and

(b) open and inspect parcels sent to, or proposed to be sent by, a detainee in the detention centre.

23 Receiving and sending letters and parcels

(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.

(2) A detainee in a detention centre must be permitted to send:

(a) immediately on being admitted to the detention centre—2 letters; and

(b) in every week of detention in the detention centre—2 letters; and

(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:

(a) the officer in charge must cause the letter to be sent to the addressee; and

(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.

(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.

(5) Subject to subsection (6), if:

(a) a member of Parliament or a legal practitioner sends a detainee a letter in a sealed envelope (the first letter); and

(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;

the first letter must not be opened and inspected, or read, by any person other than the detainee or another person authorised by the detainee.

(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:

(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

(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.

24 Letters and parcels to be opened in certain cases

(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.

(2) Subject to section 23, the officer in charge or the approved staff member may:

(a) open, inspect and read the letter, or open and inspect the parcel, as the case may be; and

(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.

(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).

25 Impounded articles

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.

Part 3—Remission and release

26 Application of Part

For the purposes of section 178D of the Act, this Part makes provision for and in relation to:

(a) the remission of punishments of detention of detainees; and

(b) the conduct and administration of detention centres.

27 Remission

(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.

(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.

(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:

(a) for each day of the punishment of segregated confinement served by the detainee—by 3 days; or

(b) for each day of the punishment of confinement to a cell served by the detainee—by 2 days; 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.

(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.

28 Release

(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.

(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 4—Rules of evidence

Division 1—Evidence of speed of conveyances

29 Application of Division

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.

30 Evidence of speed of conveyances—use of speed measuring devices

(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.

(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:

(a) the speed measuring device was tested, not more than 12 months before that time, by an approved tester in accordance with:

(i) Australian Standard AS 4691.2‑2003 Laser‑based speed detection devices, Part 2: Operational procedures, as in force when this instrument commenced; and

(ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and

(b) the device was, upon completion of that test, sealed by an approved tester in accordance with:

(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

(ii) any specifications of the manufacturer of the device that applied when this instrument commenced; and

(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.

(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.

31 Approved tester

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.

32 Certificates

(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.

(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.

33 Offence in relation to speed measuring devices

A person commits an offence if:

(a) the person engages in conduct; and

(b) the person’s conduct damages, or tampers or interferes with, a sealed speed measuring device.

Penalty: 2 penalty units.

Division 2—Other rules of evidence

34 Admissibility of evidence adduced before summary authority

(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:

(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) 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:

(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.

35 Evidence of general orders

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.

36 Modification of the Evidence Act 1995 in its application to proceedings before a court martial or Defence Force magistrate

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:

(g) the control, operation and administration of the Defence Force.

Part 5—Miscellaneous

37 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) 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

(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.

38 Chaplains—notional ranks

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:

(a) the rank in the Navy specified in column 2 of the table for that item; and

(b) the rank in the Army specified in column 3 of the table for that item; and

Chaplains and corresponding ranks
Item Column 1Chaplain Column 2Navy rank Column 3Army rank Column 4Air Force rank
1 Chaplain Division 5 Commodore Brigadier Air Commodore
2 Chaplain Division 4 Captain Colonel Group Captain
3 Chaplain Division 3 Commander Lieutenant Colonel Wing Commander
4 Chaplain Division 2 Lieutenant Commander Major Squadron Leader
5 Chaplain Division 1 Lieutenant Captain Flight Lieutenant

39 Members receiving instruction or training

(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.

(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”.

(3) Table B in Schedule 3 to the Act is modified by inserting after item 1:

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<br>Severe reprimand<br>Restriction of privileges for a period not exceeding 14 days<br>Stoppage of leave for a period not exceeding 7 days<br>Extra duties for a period not exceeding 3 days<br>Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days<br>Reprimand

(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”.

(5) Table C in Schedule 3 to the Act is modified by inserting after item 1:

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<br>Severe reprimand<br>Restriction of privileges for a period not exceeding 14 days<br>Stoppage of leave for a period not exceeding 7 days
			Extra duties for a period not exceeding 3 days<br>Extra drill for not more than 2 sessions of 30 minutes each per day for a period not exceeding 3 days<br>Reprimand

(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”.

40 Form of oath or affirmation

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.

41 Service of summonses and notices

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):

(a) by delivering the summons or notice to the first person personally; or

(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

(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

(d) by leaving the summons or notice at:

(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

(ii) otherwise—the last known place of business of the first person; or

(e) by personally delivering the summons or notice to a legal officer or legal practitioner who represents the first person; or

(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.

42 Power of arrest

(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 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.

(2) The following conditions are specified:

(a) the service offence involves disorderly or violent behaviour;

(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);

(3) For the purposes of paragraph 89(2)(d) of the Act:

(a) a police member who is not a designated officer; or

(b) a person, who is not a designated officer, lawfully exercising authority under or on behalf of a service police officer;

does not have a power of arrest over a defence civilian.

43 Form of caution

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.

44 Prescribed places for purposes of subsection 101F(1) of the Act

For the purposes of subsection 101F(1) of the Act, each of the places specified in Schedule 2 to this instrument is prescribed.

45 Form of acknowledgement 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:

(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

(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.

46 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 6 in Schedule 1 to this instrument.

47 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 7 in Schedule 1 to this instrument.

48 Prescribed class of persons for purposes of paragraph 101K(14)(a) of the Act

For the purposes of paragraph 101K(14)(a) of the Act, a prescribed class of persons is members of the Defence Force who:

(a) are not police members; and

(b) hold at least the Navy rank of petty officer or the Army or Air Force rank of sergeant; and

(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.

49 Form of acknowledgement for purposes of subsection 101N(2) of the Act

For the purposes of subsection 101N(2) of the Act, the prescribed form of acknowledgement is Form 8 in Schedule 1 to this instrument.

50 Form of acknowledgement for purposes of subsection 101ZA(2) of the Act

For the purposes of subsection 101ZA(2) of the Act, the prescribed form of acknowledgement is Form 9 in Schedule 1 to this instrument.

51 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) of this paragraph;

(b) an offence against section 18, 36, 39 or 58 of the Act.

52 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 class of officer cadets is prescribed.

53 Record of previous convictions

(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.

(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.

Part 6—Transitional provision

54 Things done under the Defence Force Discipline Regulations 1985

(1) If:

(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

(b) the thing could be done for that purpose under this instrument;

the thing has effect for the purposes of this instrument as if it had been done under this instrument.

(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.

Schedule 1—Forms

Form 1—Appointment of approved tester

Note: See section 31.

Commonwealth of Australia

Defence Force Discipline Act 1982

(full name)

I,....................................................., a

(rank)

................................................... in the

(force)

................................................... ,

acting under section 31 of the Defence Force Discipline Regulations 2018, hereby appoint

(full name)

...........................................................,

an electrical engineer* /electronic technician*, as an approved tester for the purposes of that instrument.

	(Signature)
	.........................
	(Rank)
	.........................
	(Date)
	.........................

*Strike out whichever is inapplicable.

Form 2—Certificate of testing of speed measuring device (valid for 12 months)

Note: See subsection 32(1).

Commonwealth of Australia

Defence Force Discipline Act 1982

(full name)

I,.............................................................

certify that:

(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

(b) I have this day tested a speed measuring device of the following type:

(type of device)

................................................................................................................................. and bearing the following identification number or symbols:

(identification number or symbols)

..........................................................................................................................; and

(d) upon completion of the test, I sealed the speed measuring device in accordance with paragraph 30(2)(b) of that instrument.

	(Signature)
	.........................
	Approved tester
	(Date)
	.........................

Form 3—Certificate of having operated a speed measuring device

Note: See subsection 32(2).

Commonwealth of Australia

Defence Force Discipline Act 1982

(full name)

I,........................................................ ,

certify that:

(a) I am a police member for the purposes of the above Act; and

(time of day)

(b) I have this day at.....................................................................................................at

(place of operation)

..................................................................................................................................

operated a speed measuring device within the meaning of section 7 of the Defence Force Discipline Regulations 2018, bearing identification number or symbols

(identification number or symbols)

................................................................, in accordance with paragraph 30(2)(c) of that instrument; and

(make of conveyance)

................................................................................................................................. (registration number)

and bearing registration number..................................................................................

and that the speed at which that conveyance was then moving, as displayed on the digital speed

(speed)

display of the device, was...........................................................................................

kilometres per hour; and

(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.

(Signature)
.................................................
Police member
(Date)
................................................

Form 4—Form of oath and affirmation

Note: See section 40.

1 Form of oath

I swear by Almighty God that the information I am about to give shall be the truth, the whole truth and nothing but the truth.

2 Form of affirmation

I 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.

Form 5—Caution to person charged or summoned

Note: See section 43.

Commonwealth of Australia

Defence Force Discipline Act 1982

Pursuant to section 101D of the Defence Force Discipline Act 1982, you are cautioned that:

(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

(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

Form 6—Certificate of appropriate witness

Note: See section 46.

Commonwealth of Australia

Defence Force Discipline Act 1982

I,.........................of............................

(Name of appropriate witness) (Residential address of appropriate

witness)

in the......................, being .......................,

(State or Territory) (qualification of appropriate witness under subsection 101K(14) of the Act)

certify 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

(Name of accused)

as a result of compliance with paragraph 101K(4)(c) of the Act is a full and correct record.

Dated 20

..............................

(Signature of appropriate witness)

Form 7—Explanation to accused

Note: See section 47.

Commonwealth of Australia

Defence Force Discipline Act 1982

The following is the form of explanation to be given to an accused

person of the procedure that will be followed for the purpose of

compliance with paragraphs 101K(4)(b), (c) and (d) of the Defence

Force Discipline Act 1982 in respect of a record made of an interview

with the accused:

1. You have been given a copy of the record of the interview with you. The

record will be read to you in the language used by you during the interview.

2. You may interrupt the reading of the record of interview at any

time for the purpose of drawing attention to any error or omission

that you claim has been made in or from the record and, at the end of

the reading, you will be given an opportunity of stating whether you

claim that there are any errors in or omissions from the record, in

addition to any to which you have drawn attention during the reading.

Where a sound recording is made:

3. Two sound recordings of the reading referred to in paragraph 1 will

be made by the one multiple sound recording apparatus and of

everything said by and to you as a result of compliance with the

matters raised in paragraph 2.

4. You will be handed one of the sound recordings.

5. The other recording will be retained by the Defence Force and may

be used in evidence.

6. You should make arrangements for the safe‑keeping of the recording

handed to you so that it will be available for comparison with the

sound recording retained by the Defence Force and, if you so request,

you will be afforded an opportunity to make arrangements for the

safe‑keeping of your recording on your behalf.

7. If you or your legal practitioner so request, you or your legal

practitioner will, as soon as practicable, be provided with reasonable

facilities to enable the sound recording to be reproduced in sound.

OR, where a sound recording is not made but an appropriate witness is present:

3. An appropriate witness will be present during the reading of the

record of interview referred to in paragraph 1 or when anything is

said by or to you as a result of compliance with paragraph 2 and a

record in writing will be made of everything said by and to you as a

result of compliance with paragraph 2 while it is being said or as

soon as practicable thereafter (persons who can be appropriate

witnesses include a legal practitioner advising you, or a relative or

friend present at your request).

4. The appropriate witness will sign a prescribed form of certificate

certifying that the requirements of paragraphs 101K(4)(b) and (c) of

the Act have been complied with in the presence of the witness and

that the record is a full and correct record.

Form 8—Acknowledgement of suspect in relation to the holding of an identification parade

Note: See section 49.

Commonwealth of Australia

Defence Force Discipline Act 1982

I,.............................of............................

(Name of suspect) (Residential address of suspect)

in the..........................., acknowledge that I was informed, on

(State or Territory)

...............................at.......................that: (Date) (Time)

(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

(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:

(i) having seen a photograph or series of photographs; or

(ii) having seen me otherwise than during an identification parade; and

(c) if I do take part in the identification parade, evidence may be given, in any proceedings with respect to the service offence:

(i) of any identification made by the witness;

(ii) of any doubts expressed by the witness, during or immediately following the holding of the parade; and

(iii) of any unfairness in the conducting of the parade; and

(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.

Dated 20

...........................

(Signature of suspect giving this acknowledgement)

Form 9—Acknowledgement of consent to search

Note: See section 50.

Commonwealth of Australia

Defence Force Discipline Act 1982

I, (full name) acknowledge that:

(a) I have been informed that I may refuse to give my consent, in relation to the investigation of a service offence:

*(i) to be searched;

*(ii) to the search of the clothing worn by me;

*(iii) to the search of property under my immediate control;

*(iv) as the occupier, to the entry and search of the *land/ *premises known as (address or location of land/premises);

*(v) as the person in charge, to the entry and search of the

*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

(b) I have, on (date) at (place and time) voluntarily given my consent, in relation to the investigation of a service offence:

*(i) to be searched;

*(ii) to the search of the clothing worn by me;

*(iii) to the search of the property under my immediate control;

*(iv) to the entry and search of the *land/ *premises described in subparagraph (a)(iv);

*(v) to the entry and search of the *ship/ *aircraft/ *vehicle described in subparagraph (a)(v).

Dated 20

.........................................

(Signature of person giving this acknowledgement)

*Omit if inapplicable

Schedule 2—Prescribed places for purposes of subsection 101F(1) of the Act

Note: See section 44.

New South Wales

Albury

Balmoral

Concord

Garden Island

Georges Heights

Glenbrook

Holsworthy

Ingleburn

Kingswood

Lismore

Liverpool

Manly

Moorebank

Neutral Bay

Newcastle

Nowra

Paddington

Parkes

Parramatta

Penrith

Pymble

Quaker’s Hill

Randwick

Regents Park

Richmond

Singleton

Wagga Wagga

Watson’s Bay

Waverton

Williamtown

Victoria

Crib Point

Laverton

Melbourne City

Point Cook

Port Melbourne

Puckapunyal

Queenscliff

Sale

Sorrento

South Melbourne

Tottenham

Williamstown

Wodonga

Queensland

Amberley

Brisbane City

Cairns

Canungra

Enoggera

Oakey

Rockhampton

Toowoomba

Townsville

South Australia

Adelaide City

Edinburgh

Port Adelaide

Woodside

Western Australia

Exmouth

Fremantle

Garden Island

Karrakatta

Northam

Pearce

Perth City

Swanbourne

Tasmania

Hobart

Launceston

Northern Territory

Darwin

Australian Capital Territory

Canberra

Jervis Bay

Schedule 3—Repeals

Defence Force Discipline Regulations 1985

1 The whole of the instrument

Repeal the instrument.

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Defence Force Discipline Regulations 2018

Dated 15 March 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Darren Chester

Minister for Defence Personnel

Contents

Part 1—Preliminary

1 Name

2 Commencement

3 Authority

4 Schedule 1

5 Schedule 2

6 Schedule 3

7 Definitions

Part 2—Detainees and detention centres

Division 1—Application

8 Application of Part

Division 2—General administration and classification of detention centres

9 Periods of detention

10 Duties of officer in charge of detention centre

11 Accommodation of detainees

12 Cleanliness

13 Meals

14 Purchases

15 Exercise

16 Newspapers etc.

17 Visiting officers

18 Duties of visiting officers

19 Visits

20 Religion

21 Performing work

Division 3—Letters and parcels

22 Staff members approved to open letters and parcels

23 Receiving and sending letters and parcels

24 Letters and parcels to be opened in certain cases

25 Impounded articles

Part 3—Remission and release

26 Application of Part

27 Remission

28 Release

Part 4—Rules of evidence

Division 1—Evidence of speed of conveyances

29 Application of Division

30 Evidence of speed of conveyances—use of speed measuring devices

The Regulations centre on a small set of recurring operational concepts that translate the Act’s broad powers into day‑to‑day rules. Those concepts, and the core regulatory mechanics attached to each, are:

Detention centre classification and sentence length ceilings. The Regulations define unit, area and corrective detention centres by reference to suitability for detention periods (reg 7 definitions) and prohibit placement in a unit detention centre where the sentence exceeds 7 days, and in an area detention centre where the sentence exceeds 14 days (s 9(1)). The calculation of concurrent and consecutive sentences for that purpose is prescribed (s 9(2)).
Officer in charge responsibilities and detainee welfare. The officer in charge is made explicitly responsible to their immediate superior for management, control, security and detainee welfare (s 10(1)). Mandatory processes include interviewing detainees on admission (s 10(2)(a)), informing detainees of applicable provisions (s 10(2)(b)), daily visits where practicable and weekly night inspections at unknown times (s 10(3)(a)-(b)), and ensuring treatment aligns with rehabilitation for further service (s 10(3)(c)). Accommodation standards mandate separate beds and, where practicable, separate cells (s 11).
Detainee rights and routine entitlements. Detainees are entitled to specified standards of accommodation (s 11), facilities for cleanliness (s 12), food comparable to other defence members (s 13(1)), access to newspapers and broadcasts as reasonable (s 16), exercise where practicable during certain punishments (s 15), and religious observance and access to religious materials (s 20). Lines are drawn regarding purchases and additional food (ss 13-14).
Mail, parcels and the handling of privileged communications. The regime permits mail subject to opening or inspection (ss 22-24), but protects correspondence to and from certain actors (Defence Force Ombudsman, Inspector‑General ADF, Members of Parliament, legal practitioners) from being opened except by the addressee or authorised person (s 23(3)-(5)). The officer in charge may open letters or parcels where there is a reasonable belief of adverse effect on security or discipline and may impound money or contraband, with notice to the detainee (s 24).
Work and labour while detained. The officer in charge may direct reasonable work, generally targeting 6 to 9 hours per day if practicable, with limits based on religion and mental/physical capacity and an express prohibition on work that would be detrimental to health, on specified religious days, or otherwise than for the benefit of the Commonwealth (s 21).
Evidence rules tied to specific technologies and procedures. The Regulations set tightly specified admissibility criteria for speed readings from laser‑based devices (s 30): testing by an approved tester within 12 months using specific Australian Standards as in force at commencement, sealing in accordance with another Australian Standard, and operation by a police member in accordance with the operational standard. Certificates in prescribed Form 1-3 serve as prima facie evidence (s 30(3), ss 31-32). There is a specific offence for tampering with a sealed speed measuring device (s 33).
Procedural forms and prescribed operational points. Numerous procedural preconditions are implemented by prescribed forms and classes: oath/affirmation (s 40, Form 4), cautions (s 43, Form 5), acknowledgements for interviews and identification parades (ss 45, 49, Forms 8-9), and a prescribed list of places for the purposes of subsection 101F(1) of the Act (s 44, Schedule 2).
Interplay with higher legislation. Many Regulations are expressly made “for the purposes of” specified sections of the Act (for example s 8(1) for s 178D and s 26 for s 178D), which signals these rules are procedural implements of statutory powers. The Regulations also modify the way the Evidence Act 1995 operates in court martial/Defence Force magistrate proceedings by adding a paragraph to the Evidence Act Dictionary in relation to control, operation and administration of the Defence Force (s 36).

These concepts together convert statutory pointers in the Act into bounded duties, rights and evidentiary mechanics that will be relevant at the detention, investigation, and trial stages of service discipline. Many of the provisions lean on definitions in the Act (for example detainee, detention centre, authorized officer, investigative officer; reg 7 note), and the Regulations therefore must be read in parallel with the Act where the Act supplies decision‑making authority and penalties.

The Regulations assign active roles, duties or rights to multiple groups within the Defence ecosystem and to a small set of external actors. The chief categories are:

Detainees. The Regulations’ Part 2 is expressly dedicated to detainees and detention centres (reg 8). Detainees are the primary beneficiaries of expressed minimum standards (s 11: separate bed, separate cells where practicable; s 12: cleanliness; s 13: daily food equivalent to other defence members) and protections for certain privileged communications (s 23). Detainees are also subject to authorised directions to work, subject to limits and exceptions (s 21), and are eligible for remission under defined rules (s 27).
Officers in charge of detention centres. The officer in charge has detailed responsibilities: interview detainees on admission, bring applicable provisions to detainees’ attention (s 10(2)), inspect and visit detainees daily where practicable and conduct at least one unknown‑time weekly night inspection (s 10(3)(a)-(b)). The officer in charge also controls visits (s 19), may appoint approved staff to open mail (s 22), may impound items (s 24-25) and may direct work (s 21).
Visiting officers and other approved staff. An authorized officer must appoint at least one visiting officer for each area or corrective detention centre (s 17). Visiting officers must inspect at directed intervals, hear complaints, make reports and investigate complaints to a reasonable extent (s 18). Approved staff members of a detention centre may be appointed to open and inspect letters and parcels (s 22).
Service police and police members. Police members appear throughout the Regulations. They operate speed measuring devices and must complete prescribed certificates (Form 3) if they do so (s 32(2)); they are subject to limits on arrest powers over officers and defence civilians unless specified conditions are met (s 42). The Regulations also create an offence where a person tampers with a sealed speed measuring device,this is framed with reference to the device being sealed following testing by an approved tester (s 33).
Approved testers. An authorized officer of at least the rank of Navy captain, Army colonel or Air Force group captain may appoint an electrical engineer or electronic technician as an approved tester for speed measuring devices (s 31). Approved testers must certificate tests (s 32(1)).
Service chiefs and authorized officers. Service chiefs and authorized officers are decision‑makers throughout: they can prescribe detention centre suitability, give directions on dealing with impounded items (s 25), appoint visiting officers (s 17), and are the addressees for many reporting duties. The service chief is specifically tasked with maintaining records of members’ convictions for service, civil and overseas offences and making them available to members on request (s 53).
Chaplains and officer cadets. The Regulations deal specifically with internal classifications: chaplains are notionally assigned Navy/Army/Air Force ranks for disciplinary matters (s 38), and the sanctions tables in Schedule 3 to the Act are modified as regards officer cadets (s 39). The Regulations therefore affect how certain personnel are disciplined and sentenced.
Legal practitioners, Members of Parliament, Defence Force Ombudsman and the Inspector‑General ADF. These external actors are accorded protected communication channels: letters to and from them are subject to privilege protections and special handling (s 23(3)-(6)).
Defence civilians and members of the Defence Force at large. The Regulations affect all members in that they determine how summonses/notices may be served (s 41), how evidence adduced before a summary authority may be used (s 34), which service offences are prescribed for particular Act provisions (s 51), and who is a prescribed class of officers for specific Act paragraphs (s 52). Defence civilians are singled out in s 42(3) as persons over whom a non‑designated police member does not have power of arrest.

Each of these roles is allocated specific duties, procedural rights, thresholds, or limitations. The Regulations routinely cross‑reference the Act for substantive powers and penalties; therefore the Regulations operate chiefly by constraining decision‑makers (officers, authorized officers, service chiefs) and by setting procedural protections for detainees and accused persons. The definitions in reg 7 tie many of these effects to definitions already in the Act (for example detainee, detention centre, authorized officer), so practical effect depends on how the Act defines those terms for particular personnel and contexts.

The Regulations provide a distributed set of duties for decision‑makers and rights for detainees and accused persons. Below are the principal duties and rights, with the precise statutory locations.

Duties of the officer in charge of a detention centre

Responsible to the officer’s immediate superior for management, control, security and welfare of all detainees (s 10(1)).
Interview each detainee as soon as practicable after admission and bring to the detainee’s attention applicable provisions of the Regulations and general orders (s 10(2)(a)-(b)).
Visit each part of the detention centre and each detainee every day as far as practicable; conduct at least one night‑time inspection weekly at a time unknown to other persons in the centre; ensure treatment is consistent with rehabilitation for further service (s 10(3)(a)-(c)).

Detainee entitlements and rights

Accommodation: separate bed for each detainee; where practicable, separate cell; cells with adequate size, heating, lighting, ventilation and equipment for physical and mental health; means to express desire to communicate with staff at any time (s 11(1)-(4)).
Cleanliness facilities to maintain proper standards of cleanliness and clothing (s 12).
Meals: daily food of the type and quantity ordinarily provided to other defence members; detainees may purchase additional food subject to general orders (s 13).
Purchases: officer in charge may permit further purchases as thought fit (s 14).
Exercise: detainees under certain punishments must, if practicable, be permitted daily exercise in open air (s 15).
Access to newspapers, television and radio broadcasts as the officer in charge considers reasonable (s 16).
Religion: detainees permitted, as far as reasonable, to engage in normal religious activities and to have religious books and objects (s 20).
Communications: detainees permitted to send and receive letters and parcels subject to inspection rules and with privileged correspondence protections for certain recipients (s 22-24). On admission detainees may send two letters immediately and two letters per week in detention (s 23(2)).

Duties and limitations on staff

Appointment and powers of approved staff members to open letters and parcels are vested in the officer in charge; opening, inspection and reading permitted subject to Division controls (s 22).
When the officer in charge or approved staff reasonably believes security, discipline or good order may be adversely affected by delivery/despatch, they may open and impound money/contraband, but must inform the detainee (s 24(1)-(3)).
Anything impounded under the mail provisions may be dealt with under directions of the Chief of the Defence Force or a service chief (s 25).

Work directions and limits

Officer in charge may direct detainee to perform reasonable work, and, if practicable, require at least 6 hours but no more than 9 hours per day (s 21(1)-(2)).
Duty to consider detainee’s religion, and mental and physical capacity when directing work (s 21(3)).
Prohibitions: work detrimental to health as certified by a medical practitioner, work on Christmas Day, Good Friday or a detainee’s religious observance day (except necessary operation work), and work must be for the benefit of the Commonwealth (s 21(4)(a)-(c)).

Remission and release entitlements

Remission: detainee serving at least 28 days is entitled to remission of one‑quarter of the period (s 27(1)); remission must not reduce to less than 24 days (s 27(2)).
Reductions: remission is reduced for days of segregated confinement (3 days reduction per day), confinement to cell (2 days per day), extra drill (1 day per day), and for aggregated restriction of custodial privileges of more than 7 days (1 day reduction per 7 day period) (s 27(3)(a)-(d)).
Disqualification: remission not available for detention imposed for an offence committed during a period of detention (s 27(4)).
Release timing flexibility: officer in charge may remit unexpired periods when expiry falls on Sunday or public holiday so release occurs prior to such day (s 28(1)); detainee may be released during 24 hours immediately preceding expiration (s 28(2)).

Evidence and procedural duties

Approved tester appointment criteria (an authorized officer of at least specified ranks may appoint a suitably qualified electrical engineer or electronic technician) (s 31).
Approved testers must complete testing certificates in Form 2 when testing speed measuring devices; police members operating devices must complete Form 3 (s 32).
Certificates (Forms 1-3) are prima facie evidence of the facts stated (s 30(3)).
For evidence adduced before a summary authority to be admissible in later proceedings, the summary authority must be satisfied that admission would not be unfair and the person charged must consent (s 34(1)); similar rules apply to records of evidence (s 34(2)).

Service and arrest procedures

Prescribed methods for the service of summonses and notices include personal delivery, leaving at last known residence or business, delivering to a legal officer or legal practitioner representing the person, or sending to a Defence‑provided email address (s 41).
Restrictions on powers of arrest by non‑officer police members and non‑designated persons: they do not have power of arrest over an officer unless certain conditions are met (disorderly/violent behaviour, particular offences, or exigencies of service) (s 42(1)-(2)). Non‑designated persons similarly do not have arrest powers over defence civilians (s 42(3)).

These duties and rights allocate responsibility for everyday operations to specific decision‑makers (officer in charge, authorized officer, service chief) while fixing minimum entitlements for detainees and procedural safeguards for accused persons. Many of the duties require judgments of reasonableness or practicability, which places discretionary judgment into the hands of operational commanders but within standards articulated in the Regulations (for example, “as far as practicable”, “as the officer in charge thinks fit”, “as the officer in charge thinks reasonable”).

The Regulations themselves contain a limited set of express offences and enforcement mechanisms, and otherwise principally provide procedural tools and authorisations that operate within the enforcement framework established by the Act.

Express criminal penalty

Tampering with a sealed speed measuring device is an express offence under the Regulations (s 33). A person commits an offence if they engage in conduct that damages, tampers with or interferes with a sealed speed measuring device. The penalty is 2 penalty units (s 33). The offense is narrowly tied to the sealing described in s 30(2)(b).

Administrative enforcement and operational powers

The officer in charge is given specific enforcement powers in relation to visitors and security. If the officer reasonably believes a visitor is likely to endanger or interfere with security or discipline, the officer may refuse entry or remove the visitor and use reasonable force necessary to give effect to that action (s 19(5)-(6)). This confers a domestic security enforcement power within detention centres.
Mail and parcel control is enforced by the officer in charge or approved staff: they may open and inspect items where reasonable belief of security risk exists and may impound money, contraband or other items likely to adversely affect security, discipline or good order (s 24(2)-(3)). Impounded items may then be dealt with under directions of Chief of Defence Force or a service chief (s 25). The treatment of impounded articles is subject to higher‑level directions, which concentrates final disposal decisions at the Chief/service chief level.

Evidentiary enforcement devices

Certificates completed and produced under the Regulations have evidentiary effect. Production of Forms 1-3 is prima facie evidence of the facts stated regarding speed measuring devices (s 30(3)). Similarly, a document certified by an authorized officer to be a copy of a general order is prima facie evidence of the order in proceedings before a court martial or Defence Force magistrate (s 35). These are enforcement mechanisms in the broad procedural sense: they reduce proof burdens and simplify admissibility for specific technical facts.

Procedural compliance mechanisms

The Regulations require officials to perform certain acts that enforce procedural fairness and record‑keeping. For example, visiting officers must report to proper authority after inspections and must record and report complaints after making reasonable inquiries (s 18). Investigating officers and others are constrained by forms and prescribed acknowledgements (Forms 5-9) that create a contemporaneous record and a standard procedure to be followed (ss 43, 45-50).
The admissibility of evidence adduced before a summary authority into later proceedings is conditioned on the summary authority being satisfied that admission would not be unfair and the person charged consenting (s 34). This is a procedural safeguard; it allows previously obtained material to be used but only where fairness and consent are established, which affects how evidence may be enforced in later trials.

Limits tied to other legislation

Many enforcement consequences will be executed under the Act rather than the Regulations. The Regulations operate by specifying how to administer detention or how to create admissible records and certificates. Substantive penalties for service offences are in the Act, not restated here. The Regulations’ enforcement mechanisms therefore integrate into the Act’s broader enforcement architecture: for instance, impounded items dealt with on directions from the Chief or service chief (s 25) and the qualifications for the admissibility of evidence in court martial proceedings (ss 29-36) all feed into trial and sentencing processes managed under the Act.

Noticeable implementation levers and discretion

The officer in charge has broad discretion in multiple areas (e.g. permitting additional letters or purchases under s 23(2)(c) and s 14; setting conditions on permitted visitors under s 19(3)). These discretion points are enforcement levers because they affect detainees’ experience and the centre’s security and discipline.
The appointment of approved testers is restricted to an authorized officer holding specified ranks (s 31). That channel concentrates authority over the technical certification process in relatively senior personnel.

Overall, the Regulations provide a mixture of an express minor offence (s 33), procedural enforcement tools (certificates as prima facie evidence, impounding authority, detention management obligations), and discrete discretionary powers vested in officers that enable day‑to‑day compliance and security enforcement within the detention environment. Many enforcement consequences are implemented through the Act and the Regulations’ specifications rather than through additional regulatory penalties.

The Regulations are explicitly subordinate to and designed to operate with several higher statutes; they also create a limited bridge to general evidence law. Key interactions set out in the instrument are:

Primary enabling statute , Defence Force Discipline Act 1982

The instrument is made under the Defence Force Discipline Act 1982 (reg 3). Multiple provisions are expressly framed “for the purposes of” specified sections of the Act. Examples include: Part 2’s detention and detainee conduct provisions being for the purposes of paragraph 178D(b) of the Act (s 8(1)); Part 3’s remission and release provisions being for section 178D of the Act (s 26); and Part 4’s rules of evidence being for subsection 146(2) of the Act (s 29). These explicit links show the Regulations operate as procedural implements of the Act’s powers and requirements, not as freestanding rules.

Evidence Act 1995

The Regulations modify how the Evidence Act 1995 applies to court martial and Defence Force magistrate proceedings. Section 36 directs that for the purposes of subsection 146(2) of the Act, clause 1 of Part 2 of the Dictionary in the Evidence Act has effect as if paragraph (g) , “the control, operation and administration of the Defence Force” , were added at the end of subclause (1). This is a narrow, text‑level modification that affects the relevance and admissibility framework in military proceedings by altering the Evidence Act’s definitions as they apply in that forum.

Defence Act 1903

The Regulations refer to determinations under the Defence Act 1903 when calculating the daily rate of pay of a convicted person (s 37). Paragraph 3(9)(a) of the Act is the cross‑reference point: the Regulations prescribe that the applicable daily rate is the amount payable under a determination in force under s 58H or otherwise under s 58B of the Defence Act 1903. This binds the calculation for disciplinary pay consequences to pay determinations from the Defence Act.

Standards and technical documents

The admissibility of speed measuring device evidence is tied to specific Australian Standards (AS 4691.2‑2003 and AS 4691.1‑2003) and “any specifications of the manufacturer of the device that applied when this instrument commenced” (s 30(2)(a)-(b)). The Regulations therefore incorporate external technical documents as legal standards for admissibility, but they do so with temporal limitation , the versions “as in force when this instrument commenced.” That choice pins the evidentiary standard to those versions at commencement and does not automatically incorporate later versions.

Other statutory instruments and the repealed regulations

Schedule 3 repeals the Defence Force Discipline Regulations 1985 in their entirety. Transitional provision s 54 preserves things done under the old regulations where the new instrument covers the same purpose, so existing notices, approvals, or instruments continue to have effect as if done under the new Regulations. This ensures continuity and explicit interaction with prior subordinate legislation.

Interplay with Act provisions on investigative processes and privileges

Several Regulations prescribe forms, places or classes for the purposes of specified Act subsections. Examples include: Schedule 2 prescribing places for the purposes of subsection 101F(1) of the Act (s 44), specified forms for acknowledgements and certificates required by subsections 101K, 101N and 101ZA of the Act (ss 45-50), and a prescribed class of persons for paragraph 101K(14)(a) of the Act (s 48). These inserts affect how Act provisions operate in practice, for example the witnesses who qualify as “appropriate witnesses” when recording interviews, or the places where identification parades may be held.

Administrative hierarchy and directions

The Regulations delegate some final decision or disposal powers to the Chief of the Defence Force or service chiefs (for example handling of impounded articles under s 25). This places certain administrative interactions within the internal chain of command established by defence statutes.

Taken together, the Regulations are non‑self‑standing: they are operational rules that presuppose, implement and refine powers, procedural steps and technical standards created elsewhere, notably in the Defence Force Discipline Act 1982, and to a lesser degree the Defence Act 1903 and the Evidence Act 1995. The Regulations convert statutory pointers into concrete administrative procedures and admissibility rules and incorporate specific technical external standards with a fixed temporal reference.

The Regulations as presented contain a limited explicit amendment history, confined to their commencement and repeal of a prior instrument.

Commencement

The instrument commenced in full on 1 April 2018 (reg 2(1) and the commencement table). The table notes that the whole of the instrument is taken to have commenced on that date.

Repeal of earlier subordinate legislation

The Regulations repeal the Defence Force Discipline Regulations 1985 in their entirety (Schedule 3; the Schedule’s single item repeals “the whole of the instrument”). This means the 2018 Regulations were intended as a consolidated and updated replacement for the 1985 instrument.

Transitional provision

Transitional continuity is provided by s 54. That section preserves actions taken under the 1985 Regulations to the extent the same thing could be done under the 2018 Regulations. In particular, s 54(1) provides that a thing done under the 1985 Regulations that could have been done under the 2018 Regulations has effect as if done under the 2018 Regulations; s 54(2) makes clear that the reference to a thing includes notices, approvals and other instruments. This is the only transitional mechanism recorded in the instrument.

No subsequent amendments shown in the text

The instrument’s text as supplied contains no expressed amendments after commencement, and the commencement table states it relates only to the provisions as originally made. There are no amendment notes or later commencement entries included in the material provided. Any later amendments, substitutions, or revocations are not recorded within this copy.

Embedding of external standards at a fixed date

The Regulations incorporate external Australian Standards for speed measurement evidence “as in force when this instrument commenced” (s 30(2)(a)-(b)). That wording effectively fixes the technical standards to their versions at the time of commencement (AS 4691.2‑2003 and AS 4691.1‑2003), rather than automatically adopting later iterations of those standards. This is, in effect, an embedded temporal limitation that would require amendment to update those standard references.

Practical effect

Practitioners should treat the instrument as the successor to the 1985 Regulations, effective from 1 April 2018, and should verify any subsequent amending instruments or legislative changes (not shown here) where current practice or later amendments may alter requirements. The only explicit repeal and transitional device the instrument contains is its repeal of the 1985 Regulations and the preservation of prior acts done under them where the new Regulations cover the same purpose (s 54).

The instrument as supplied does not record any litigation history. The Regulations themselves do not list cases, judicial interpretations, or references to litigation. There are no named judicial decisions, reported judgments or tribunal determinations contained in or appended to the text.

Practical implications of the absence of recorded litigation

Because the Regulations are procedural and technical subsidiary instruments rather than primary legislation, any authoritative judicial interpretation of their provisions would be found in case law applying the Defence Force Discipline Act 1982 and these Regulations in particular factual contexts. None of that material is provided in the instrument text. Users seeking precedent or interpretive history must therefore consult external legal databases or court records to locate decisions that apply or construe these specific Regulations.

Evidentiary provisions and potential litigation topics

Although the instrument includes detailed rules likely to arise in litigation (for example, admissibility of speed measuring device evidence, the evidentiary effect of Forms 1-3, admissibility of evidence from summary authorities under s 34, and the modification of the Evidence Act for military proceedings under s 36), the instrument’s text itself does not describe how courts have treated these rules. Any real‑world litigation history concerning the validity or application of the sealing, testing and operation chain for speed measuring devices (s 30-33), the use of certificates as prima facie evidence (s 30(3), s 35), or the fairness conditions for admitting summary authority evidence (s 34) would need to be located outside this instrument.

No administrative review or tribunal references

The Regulations do not record administrative review decisions, Inspector‑General reports, or other tribunal determinations that might have considered compliance issues (for example, detention conditions, or handling of impounded articles under s 25). The instrument prescribes mechanisms for reporting (visiting officers reporting to proper authority, s 18) but does not document follow‑up enforcement action or judicial scrutiny.

Summary

The Regulations contain no litigation history within the instrument itself. For legally authoritative application and interpretation, practitioners must seek reported decisions or tribunal findings external to the instrument. The Regulations' rules, particularly on evidentiary matters and detainee rights, are likely to be the subjects of litigation, but that history is not contained in this text.

Several provisions contain operational, evidential or interpretive traps that are likely to affect practitioners, commanders, and detainees in concrete ways. These are not judgments about policy, but practical points where outcomes can turn on small procedural details in the Regulations.

Locking in external standards at commencement

The admissibility of laser speed readings is tied to Australian Standards “as in force when this instrument commenced” (s 30(2)(a)-(b)). This fixes the operational and testing standards to the 2003 versions referenced in the text at the time of commencement. If manufacturers update device specifications or standards are revised after commencement, the Regulations do not automatically adopt those later versions. Practitioners relying on device certification should ensure the testing and sealing were performed against the correct historical standard and that the certificate accurately states compliance with the specified versions.

Narrow definition of speed measuring devices

The defined term speed measuring device is limited to “a laser‑based device for measuring the speed of conveyances” (reg 7). This excludes other technologies (radar, piezoelectric sensors) from the specific evidentiary pathway under s 30. If evidence comes from non‑laser devices, the s 30 chain (approved tester, sealing, Form 2/3 certificates, prima facie proof) will not apply, and admissibility will need to be addressed by other means.

Temporal and capacity constraints for detention centres

Sentencing length caps explicitly constrain placement in unit (max 7 days) and area (max 14 days) detention centres (s 9(1)). The practical effect is that where a detainee’s sentence exceeds those thresholds, facility classification must change. The officer in charge and service chief must ensure the detention centre’s status (unit/area/corrective) is appropriate for the sentence imposed; failure to do so may raise legal or procedural issues.

“As far as practicable” and “reasonable” standards

Numerous provisions are subject to “as far as practicable” and “as the officer in charge thinks reasonable” caveats (e.g. s 10(3)(a): daily visits as far as practicable; s 16: access to newspapers/broadcasts as the officer thinks reasonable; s 19(3): conditions on visits as the officer thinks fit). These introduce operational discretion that can be practically determinative. Accountability and documentation of the exercise of discretion will be important in contested cases.

Mail privilege exceptions and inspection powers

Letters to and from the Defence Force Ombudsman, Inspector‑General ADF, a member of Parliament, and legal practitioners are protected from opening except by the addressee or authorised person (s 23(3)-(4)). However, s 23(6) qualifies that protection where the officer reasonably believes the correspondence may contain money, contraband or items likely to adversely affect security or discipline: in such cases the detainee may be required to open the envelope in the officer’s presence and contraband/money may be impounded. The right‑of‑access protections are therefore conditional and not absolute; a regime of contemporaneous record and immediate notice to the detainee is required (s 24(3)). Practitioners must preserve the privilege claim process and be alert to the officer’s reasonable belief test.

Remission computations and severe reductions

Remission is generally one‑quarter for sentences of 28 days or more (s 27(1)), but several types of punishments reduce remission considerably (e.g. each day in segregated confinement reduces remission by three days, s 27(3)(a)). This creates sharp mechanical effects on release dates based on custodial punishments applied during detention. Commanders and legal advisers must compute remission carefully and account for punishments, especially where initial remission would otherwise lower sentence below the minimum 24 days threshold (s 27(2)).

Work “for the benefit of the Commonwealth”

Work directed under s 21 must be “for the benefit of the Commonwealth” (s 21(4)(c)). This restricts the scope of permissible labour; work that primarily benefits private persons or unrelated third parties would be outside the explicit permission. The meaning of “benefit of the Commonwealth” may require contemporaneous justification and documentation.

Service of notices includes Defence email

A summons or notice may be served by sending it to a Defence‑provided email address (s 41(f)). That modernised method is effective only where the member has been provided with such an email address and it is the “address provided to the first person as a member of the Defence Force”. This may raise issues where members use personal accounts or where access to Defence email is intermittent.

Arrest powers are conditional

Non‑officer police members and persons not designated officers lack power to arrest officers unless conditions in s 42(2) are met (disorderly/violent behaviour, certain offence divisions, or exigencies of service). Similarly, non‑designated persons do not have power of arrest over defence civilians (s 42(3)). These constraints alter the typical civilian arrest picture inside Defence contexts and can complicate response options for lower‑rank police members or civilian law enforcement acting under Defence arrangements.

Forms and certificatory evidence as prima facie proof

Certificates in prescribed Forms 1-3 and certified copies of general orders are prima facie evidence of the facts stated (s 30(3), s 35). While prima facie rules ease proof, they also create strategic vulnerabilities if the underlying procedures (testing, sealing, certification) are defective. Defence and prosecuting authorities must ensure chain‑of‑custody and the formalities specified in the Regulations are strictly observed to preserve the prima facie effect.

Appointment thresholds for approved testers

Only an authorized officer of specified minimum senior rank (Navy captain/Army colonel/Air Force group captain) may appoint an approved tester (s 31). This concentrates the power of appointment in senior officers, which can create delays or bottlenecks in jurisdictions where such seniority is not readily locally available.

Prescriptive interaction with the Evidence Act

Section 36 modifies the Evidence Act’s Dictionary in the limited context of proceedings before a court martial or Defence Force magistrate by adding the control/operation/administration of the Defence Force as a relevant matter. That may broaden admissibility in those contexts compared with civilian courts and create evidential differences to which practitioners must attend.

Each “gotcha” above turns on the text of a particular subsection. Practitioners should treat these points as operational flags requiring deliberate procedural steps, documentation and, where necessary, policy or drafting updates to keep the Regulations aligned with technical standards, administrative practice and rights protections.

Compliance with the Regulations requires attention to specific document forms, procedural timelines, appointment and certification processes, recording and reporting obligations, and facility standards. Below is a practical checklist mapped to the relevant provisions.

Classification and placement of detainees

Ensure detention centres are classified (unit, area, corrective) consistent with the definitions (reg 7) and sentence length ceilings in s 9: do not detain persons sentenced for more than 7 days in a unit detention centre or for more than 14 days in an area detention centre. For concurrent or consecutive sentences apply s 9(2) when calculating the applicable detention period.

Officer in charge responsibilities (s 10)

On admission, interview each detainee as soon as practicable and record the interview (s 10(2)(a)).
Provide detainees with the applicable provisions of the Regulations and relevant general orders that apply to their detention, and document that this was done (s 10(2)(b)).
As far as practicable, visit each part of the detention centre and each detainee daily and conduct at least one unknown‑time weekly night inspection; maintain logs of these checks (s 10(3)(a)-(b)).
Maintain records showing treatment decisions and rehabilitation objectives to demonstrate alignment with s 10(3)(c).

Accommodation, cleanliness and meals (ss 11-13)

Provide a separate bed for each detainee and attempt separate cells where practicable; ensure cells meet standards for size, heating, lighting and ventilation (s 11(1)-(4)).
Provide facilities enabling detainees to maintain cleanliness and appropriate clothing (s 12).
Supply daily meals at parity with other defence members and maintain records of any additional food purchases authorised (s 13).

Visiting officers and complaint handling (ss 17-18)

Ensure an authorized officer appoints at least one visiting officer for each area or corrective detention centre in writing (s 17).
Visiting officers must inspect at directed intervals, hear complaints, make reasonable inquiries and report to the proper authority after each visit (s 18). Keep complaint registers and investigation records.

Visits and visitor controls (s 19)

Permit visits at reasonable times for the classes listed (visiting officer, medical officer, chaplain, legal practitioner, police member, constable) and other persons subject to reasonable conditions imposed by the officer in charge (s 19(1)-(4)). Document conditions imposed and reasons for refusal or removal of visitors; the officer may use reasonable force to implement removals (s 19(5)-(6)).

Mail, privileged communications and impounding (ss 22-25)

Appoint approved staff members in writing to open letters/parcels where required (s 22(1)).
Permit detainees to send 2 letters on admission and 2 letters per week; keep a log of post sent and received (s 23(2)).
Protect correspondence to/from Defence Force Ombudsman, Inspector‑General ADF, MPs and legal practitioners from opening except by the addressee, unless the officer reasonably believes the correspondence may contain money/contraband and requires the detainee to open it (s 23(3)-(6)).
If items are impounded under s 24, inform the detainee (s 24(3)) and follow directions from the Chief of the Defence Force or service chief on disposal (s 25).

Work directions and limits (s 21)

When directing work, document the detainee’s religion and physical/mental capacity and ensure medical certification for any restrictions (s 21(3)-(4)(a)).
Do not require more than 9 hours or less than 6 hours of work per day where practicable, and ensure all work is for the benefit of the Commonwealth (s 21(2), (4)(c)). Keep work rosters and role descriptions.

Remission and release calculations (ss 27-28)

For detainees serving at least 28 days, calculate remission of one quarter, subject to the minimum remitted period of 24 days (s 27(1)-(2)). Adjust remission for disciplinary punishments per s 27(3) and ensure remission is not granted where detention was imposed for an offence committed during detention (s 27(4)).
Maintain clear, auditable records of all days served, days of punishments, and remission calculations. Use s 28(1)-(2) to schedule release where expiry falls on weekends/public holidays or within the final 24 hours.

Speed measuring devices and evidentiary chain (ss 30-33)

Use only laser‑based devices for reliance under s 30 and ensure devices have been tested within 12 months by an approved tester in accordance with AS 4691.2‑2003 and manufacturer specifications as they applied at commencement (s 30(2)(a)); ensure devices were sealed per AS 4691.1‑2003 (s 30(2)(b)); ensure operation by a police member in accordance with AS 4691.2‑2003 (s 30(2)(c)).
Appoint approved testers through an authorized officer of at least the prescribed rank and use Form 1 for appointments (s 31; Schedule 1, Form 1).
Ensure approved testers complete Form 2 after testing and police members complete Form 3 after operation. Keep these certificates available; they are prima facie evidence (s 30(3), s 32).
Preserve sealed devices and maintain chain of custody. Note the specific tampering offence (s 33) and record any incidents.

Evidence and summary authority records (s 34)

When evidence adduced before a summary authority may be tendered later, ensure the summary authority records that it is satisfied admission would not be unfair and that the person charged has given consent (s 34). Preserve records and obtain written consent where required.

Forms, acknowledgements and prescribed classes/places (ss 40-50; Schedule 2)

Use the prescribed forms: oath/affirmation (Form 4, s 40), caution (Form 5, s 43), certificates and explanations (Forms 6-7, ss 46-47), acknowledgements for identification parades and consent to search (Forms 8-9, ss 49-50).
Refer to Schedule 2 for prescribed places for subsection 101F(1) of the Act (s 44) and ensure identification parades and interviews at those places follow the prescribed forms and procedures.

Service of notices and arrest powers (ss 41-42)

Serve summonses and notices via the permitted methods: personal delivery, leaving at known residence or business, delivering to a legal officer, or sending to Defence‑provided email if applicable (s 41). Record service method and date.
Recognise the limits on arrest powers by non‑officer police members and non‑designated persons when the subject is an officer or a defence civilian; ensure arrests are made only when conditions in s 42(2) are satisfied.

Record keeping and availability (s 53)

Service chiefs must keep a record of each member’s convictions for service offences, civil court offences and overseas offences and provide copies to members on request. Implement retention and access procedures to comply with s 53.

Impounded items and disposal directions (s 25)

Any impounded articles must be held and disposed in accordance with directions from the Chief of the Defence Force or service chief; maintain logs of impounded items and communications with those offices.

Transitional continuity (s 54)

Where prior instruments or approvals were given under the 1985 Regulations, confirm whether they remain effective under s 54. Treat existing notices, approvals or instruments as having effect under the 2018 Regulations to the extent covered.

Documentation, audit trails and training

For each of the above items, create checklist‑based record templates, ensure Forms 1-9 are available and used in the precise format in Schedule 1, and train staff on the precise timetables (e.g. immediate two letters on admission, weekly two letters, daily interview, weekly night inspection). Maintain auditable logs for all entitlements and discretionary decisions, and ensure medical certifications, reasoning for exercise of discretion, and chain‑of‑custody for impounded items and devices are contemporaneously recorded.

Where uncertainty exists (for example, interpretation of “benefit of the Commonwealth” for directed work), document the operational rationale and obtain higher authority guidance (authorized officer or service chief) to minimise legal exposure.

Defence Force Discipline Regulations 2018

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