the member has been given an infringement notice in relation to the infringement; and

the election is made within the period specified in the infringement notice.

a decision under paragraph 9FB(1)(a) to impose a punishment;

a decision under paragraph 9FB(1)(b) not to impose a punishment;

a decision under paragraph 9FB(1)(c) to dismiss the infringement.

in the Navy—a defence member who holds a rank of or below the rank of lieutenant; or

in the Army—a defence member who holds a rank of or below the rank of captain; or

in the Air Force—a defence member who holds a rank of or below the rank of flight lieutenant;

but does not include a member covered by a determination in force under subsection (2).

a specified defence member, or each member of a specified class of defence members, holding the rank of warrant officer;

a specified defence member, or each member of a specified class of defence members, holding the rank of chief petty officer;

a specified defence member, or each member of a specified class of defence members, holding the rank of flight sergeant.

is required to attend for duty; and

does not attend for the duty.

is required to perform a duty; and

ceases to perform the duty before the member is permitted to do so.

omits to perform an act; and

the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

Subdivision C—Disciplinary infringement provisions only within jurisdiction of senior discipline officers

the member engages in conduct that is threatening, insubordinate or insulting to a person; and

the person is a superior officer.

the member uses language that is threatening, insubordinate or insulting about a person; and

the language is used in that person’s presence; and

the person is a superior officer.

the member engages in conduct; and

the conduct causes, or contributes to, the discharge of a weapon; and

the member is negligent as to that result.

was a defence member with the same training and experience in the Defence Force or other armed force as the prescribed defence member; and

was engaged in the conduct in the course of the member’s duty or in accordance with the requirements of the Defence Force, as the case may be.

the member drives a service vehicle in any place, whether a public place or not; and

the member does so without due care and attention or without reasonable consideration for another person in that place.

the member drives a vehicle on service land; and

the member does so without due care and attention or without reasonable consideration for another person on that land.

believes, on reasonable grounds, that a prescribed defence member has committed a disciplinary infringement; and

believes, on reasonable grounds, that the member does not have a reasonable excuse for committing the infringement;

the infringement officer may give the member an infringement notice in relation to the infringement.

give particulars of the infringement to which the notice relates; and

inform the member of the following:

the member’s right to elect to be dealt with under the infringement scheme in relation to the infringement;

that, if the member so elects, the member will be taken to have admitted committing the infringement for the purposes of being dealt with under the infringement scheme in relation to the infringement;

the period within which the election must be made;

whether the member will be dealt with by a discipline officer or a senior discipline officer;

the penalties that may be imposed by that kind of officer; and

inform the member that:

if the member has been dealt with under the infringement scheme in relation to the disciplinary infringement (see subsection 9C(3)), the member is not liable to be tried by a service tribunal for an offence arising out of the infringement; and

if the member does not so elect, the infringement officer may refer the infringement to an authorized member of the Defence Force for the purposes of section 87 so that the authorized member may determine whether there are reasonable grounds to believe that the member has committed a service offence.

the member has not been charged under this Act with an offence arising out of the infringement; and

the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and

the member has not withdrawn the election; and

the member is of a kind of prescribed defence member specified in the officer’s instrument of appointment (see section 9H); and

the member:

holds the rank of officer cadet; or

if the member is a junior officer—is at least one rank junior to the discipline officer; or

otherwise—is at least 2 ranks junior to the officer; and

the infringement is:

a contravention of a minor disciplinary infringement provision; and

of a kind specified in the officer’s instrument of appointment (see section 9H).

Senior discipline officer

the member has not been charged under this Act with an offence arising out of the infringement; and

the member has elected to be dealt with under the infringement scheme in relation to the infringement (see section 9C); and

the member has not withdrawn the election; and

the member is of a kind of prescribed defence member specified in the officer’s instrument of appointment (see section 9H); and

the member is at least one rank junior to the officer; and

the infringement is of a kind specified in the officer’s instrument of appointment (see section 9H).

A discipline officer or senior discipline officer is not a service tribunal

to impose a punishment on the member in accordance with subsection (2); or

if the officer considers that the infringement is trivial—not to impose a punishment on the member; or

if the officer considers that the member has a reasonable excuse for committing the infringement—to dismiss the infringement; or

if the officer considers that the infringement is too serious to be dealt with under this Part—to decline to deal with the infringement.

Decision to impose a punishment

if the punishment is imposed for a period—from the start of the period specified in the decision, which must be a period starting on a day not later than 14 days after the decision is made; or

in any other case—at the time the decision is made.

a decision to confirm the senior discipline officer’s decision to impose the punishment;

a decision to substitute the senior discipline officer’s decision with a decision that:

a reduced punishment is imposed; or

no punishment is imposed; or

the infringement is dismissed and no punishment is imposed.

if the punishment is for or relates to a period—the same punishment for or relating to a lesser period; or

if the punishment is a fine—a lower fine; or

any other punishment that occurs after that punishment in column 2 of item 2 of the table in subsection 9FB(2).

officers (other than officer cadets);

warrant officers;

chief petty officers;

flight sergeants.

in any case—a rank of or above lieutenant commander, major or squadron leader;

if the commanding officer is a lieutenant commander, major or squadron leader—a rank of lieutenant in the Navy, captain in the Army or flight lieutenant.

restriction of privileges;

stoppage of leave;

extra duties;

extra drill.

the name of the prescribed defence member; and

the nature of the disciplinary infringement; and

the decision made under subsection 9FB(1).

the keeping of Part IA records;

the retention, use or destruction of Part IA records.

relates to a person’s service as a defence member; and

is kept by any means under a law of the Commonwealth; and

relates to this Part.

the person has a duty to defend or destroy a place, post, service ship, service aircraft or service armoured vehicle; and

the person knows of that duty; and

the person abandons or surrenders to the enemy the place or thing mentioned in paragraph (a).

the person engages in conduct; and

the conduct causes the capture or destruction by the enemy of a service ship, service aircraft or service armoured vehicle; and

by engaging in the conduct, the person intends to bring about that result.

the person is captured by the enemy; and

the person serves with the enemy, aids the enemy in prosecuting hostilities or measures likely to influence morale or aids the enemy in any other manner that is not authorised by international law.

the person harbours or protects another person; and

that other person is an enemy person; and

that other person is not a prisoner of war; and

the first-mentioned person knows that the other person is an enemy person.

the person is engaged on service in connection with operations against the enemy; and

the person:

gives a signal, message or other communication that the person knows to be false; or

alters or interferes with a signal, message or other communication; or

alters or interferes with apparatus for giving or receiving a signal, message or other communication.

the person:

is ordered by his or her superior officer to prepare for, or to carry out, operations against the enemy; or

is otherwise under orders to prepare for, or to carry out, operations against the enemy; and

the person does not use his or her utmost exertions to carry those orders into effect.

the person engages in any conduct; and

the conduct imperils the success of operations against the enemy.

the person receives information from the enemy; and

the person does not make the information known to proper authority; and

the information is likely to be directly or indirectly useful in operations against the enemy; and

the person knows or could reasonably be expected to know that the information is likely to be directly or indirectly useful in operations against the enemy.

the person engages in conduct that constitutes an offence against any of sections 15 to 16A (other than section 15B or 15C); and

the person engages in that conduct with intent to assist the enemy.

the member:

has a duty to be at a post, position or other place; and

leaves the post, position or place; or

the member abandons his or her weapons or other equipment; or

the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.

the person spreads a report; and

the report relates to operations against the enemy; and

by spreading the report the person intends to create despondency or unnecessary alarm.

the person is engaged on service in connection with operations against the enemy; and

the person spreads a report; and

the report relates to operations against the enemy; and

by spreading the report the person intends to create despondency or unnecessary alarm.

the member is captured by the enemy; and

any reasonable steps are available to the member to rejoin his or her force; and

the member does not take those steps.

the member and another person are captured by the enemy; and

any reasonable steps are available to the other person to rejoin his or her force; and

the member prevents or discourages the other person from taking those steps.

the member is captured by the enemy; and

the member engages in conduct with the intention of securing favourable treatment for himself or herself; and

the conduct is detrimental to other persons also captured by the enemy.

the member is captured by the enemy; and

the member is in a position of authority over other persons also captured by the enemy; and

the member ill-treats those other persons.

the member takes part in a mutiny; and

the mutiny’s object, or one of its objects, is the refusal or avoidance of duty or service in connection with operations against the enemy or the impeding of the performance of such a duty or service.

a mutiny is taking place or is intended; and

the member knows that fact; and

the member does not take reasonable steps:

to suppress or prevent the mutiny; or

to report to proper authority without delay that the mutiny is taking place or is intended.

a mutiny is taking place or is intended; and

the member knows that fact; and

the member knows, or could reasonably be expected to know, that the mutiny’s object, or one of its objects, is:

the refusal or avoidance of duty or service in connection with operations against the enemy; or

the impeding of the performance of such duty or service; and

the member does not take reasonable steps:

to suppress or prevent the mutiny; or

to report to proper authority without delay that the mutiny is taking place or is intended.

is on active service or has been warned for active service; and

without leave, and with the intention of avoiding that service, departs from, or does not attend at, his or her place of duty.

the member is absent without leave; and

the member engages in conduct; and

the conduct manifests an intention to avoid active service.

is required to attend for duty; and

does not attend for the duty.

is required to perform a duty; and

ceases to perform the duty before he or she is permitted to do so.

the member assaults a person; and

that person is a superior officer.

the member engages in conduct that is threatening, insubordinate or insulting to a person; and

the person is a superior officer.

the member uses language that is threatening, insubordinate or insulting about a person; and

the language is used in that person’s presence; and

the person is a superior officer.

a person gives the member a lawful command; and

the person giving the command is a superior officer; and

the member disobeys the command.

the person is in or near a service ship, service aircraft or service vehicle; and

the person is given a lawful direction by, or with the authority of, the person in command of the ship, aircraft or vehicle; and

the direction:

relates to the sailing or handling of the ship, the flying or handling of the aircraft or the handling of the vehicle; or

affects the safety of the ship, aircraft or vehicle or of the persons on board the ship, aircraft or vehicle; and

the first-mentioned person does not comply with the direction.

a lawful general order applies to the person; and

the person does not comply with the order.

the person assaults another person; and

that other person is a member of the Defence Force or of an allied force; and

that other person is on guard duty.

the person is engaged on service in connection with operations against the enemy; and

the person assaults another person; and

that other person is a member of the Defence Force or of an allied force; and

that other person is on guard duty.

the person obstructs another person; and

that other person:

is a police member acting in the performance of his or her duty; or

is lawfully exercising authority under or on behalf of a service police officer.

the member is called on to assist another person; and

that other person:

is a police member acting in the performance of his or her duty; or

is lawfully exercising authority under or on behalf of a service police officer; and

the member refuses to assist that other person.

sleeps at the member’s post or on watch; or

is not on duty at a post but sleeps when the member’s duty requires him or her to be awake; or

is intoxicated; or

leaves his or her post before being regularly relieved or otherwise absents himself or herself from a place where it is the member’s duty to be.

is engaged on service in connection with operations against the enemy; and

is on guard duty or on watch; and

engages in conduct that constitutes an offence against subsection (1).

the member assaults or ill-treats a person; and

the person is a member of the Defence Force who is of subordinate rank to the member.

the person is required, because of his or her office or appointment, to perform a duty; and

the person engages in conduct; and

that conduct results in a failure to perform the duty to the required standard.

the member’s office or appointment, or the requirements of the Defence Force, require the member to perform a duty or carry out an activity; and

the member fails to perform the duty or carry out the activity.

the person engages in conduct; and

the conduct is in or in connection with:

the operation, handling, servicing or storage; or

the giving of directions with respect to the operation, handling, servicing or storage;

of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

the first-mentioned person knows of the matter mentioned in paragraph (c); and

where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first-mentioned person’s duty.

the person engages in conduct; and

the conduct is in or in connection with:

the operation, handling, servicing or storage; or

the giving of directions with respect to the operation, handling, servicing or storage;

of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

the first-mentioned person is reckless as to the matter mentioned in paragraph (c); and

where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first-mentioned person’s duty.

the person engages in conduct; and

the conduct is in or in connection with:

the operation, handling, servicing or storage; or

the giving of directions with respect to the operation, handling, servicing or storage;

of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

the first-mentioned person is negligent as to the matter mentioned in paragraph (c); and

where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first-mentioned person’s duty.

the member is on duty, or reports or should report for duty; and

the member is intoxicated.

injures himself or herself or causes or permits himself or herself to be injured; or

by act or omission, causes himself or herself to suffer from a sickness or disability or prolongs or aggravates a sickness or disability from which he or she is suffering.

the member represents himself or herself to be suffering from a physical or mental condition; and

the member makes the representation with intent to avoid duty or service; and

the representation is false; and

the member knows that the representation is false.

the member engages in conduct; and

the conduct causes or allows a service ship to be lost, stranded or hazarded; and

the member intends that the conduct will have that result.

the member engages in conduct; and

the conduct causes or allows a service ship to be lost, stranded or hazarded; and

the member is reckless as to whether the conduct will have that result.

the member engages in conduct; and

the conduct causes or allows a service ship to be lost, stranded or hazarded; and

the member is negligent as to whether the conduct will have that result.

the person drives a service vehicle in any place, whether a public place or not; and

the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

the person drives a vehicle on service land; and

the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

the person drives a service vehicle in any place, whether a public place or not; and

the person does so at a speed, or in a manner, dangerous to another person in that place.

the person drives a vehicle on service land; and

the person does so at a speed, or in a manner, dangerous to another person on that land.

the person:

drives a service vehicle in any place, whether a public place or not; and

is not authorised to drive that vehicle; or

the person uses a service vehicle for an unauthorised purpose.

the person drives a service vehicle in any place, whether a public place or not; and

the person does so without due care and attention or without reasonable consideration for another person in that place.

if the person is a member of the Defence Force—a fine of the amount of the member’s pay for 7 days; or

in any other case—a fine of 3 penalty units.

the person drives a vehicle on service land; and

the person does so without due care and attention or without reasonable consideration for another person on that land.

if the person is a member of the Defence Force—a fine of the amount of the member’s pay for 7 days; or

in any other case—a fine of 3 penalty units.

the member flies a service aircraft; and

by or in accordance with a lawful general order, there is a minimum height at which the member is authorised to fly; and

the height at which the member flies is less than that minimum height; and

the member is reckless or negligent as to the matter in paragraph (c).

the person engages in conduct; and

the conduct results in the destruction of, or damage to, service property; and

the person intends that result.

the person engages in conduct; and

the conduct results in the destruction of, or damage to, service property; and

the person is reckless as to that result.

the person engages in conduct; and

the conduct results in the destruction of, or damage to, service property; and

the person is negligent as to that result.

the person loses any property; and

the property is, or forms part of, service property issued for the person’s use, or entrusted to the person’s care, in connection with the person’s duties.

the person is in possession of service property; and

the person has no lawful authority for being in possession of the property.

was not aware that he or she was in possession of the property; or

was not aware that the property was service property; or

had a reasonable excuse for his or her possession of the property without authority.

Subdivision B—Possession of property suspected of having been unlawfully obtained

the person is in possession of property; and

the property may reasonably be suspected of having been unlawfully obtained.

was not aware that he or she was in possession of the property; or

was not aware of the circumstances by reason of which that property may reasonably be suspected of having been unlawfully obtained; or

had a reasonable excuse for his or her possession of the property.

the person has possession or control of the property; or

the person has a proprietary right or interest in the property, other than an equitable interest arising only from:

an agreement to transfer an interest; or

an agreement to grant an interest; or

a constructive trust.

the case where the person appropriates anything forming part of the land by severing it or causing it to be severed;

the case where:

the person is a trustee or personal representative, or is authorised (by power of attorney, as liquidator of a company or otherwise) to sell or dispose of land belonging to another; and

the person appropriates the land, or anything forming part of it, by dealing with it in breach of the confidence reposed in the person.

a person gets property by another’s fundamental mistake; and

the person is under a legal obligation to make restoration (in whole or in part) of the property or its proceeds;

then, to the extent of that obligation, the property or proceeds belong (as against the person) to the person entitled to restoration.

an intention to permanently deprive the person so entitled of the property or proceeds; and

an appropriation of the property or proceeds without the consent of the person entitled to restoration.

a mistake about the identity of the person getting the property; or

a mistake as to the essential nature of the property; or

a mistake about the amount of any money if the person getting the money is aware of the mistake at the time of getting the money.

a person appropriates property belonging to another without meaning the other permanently to lose the thing itself; and

the person’s intention is to treat the thing as the person’s own to dispose of regardless of the other’s rights;

the person has the intention of permanently depriving the other of it.

a person has possession or control (lawfully or not) of property belonging to another; and

the person parts with the property under a condition as to its return that the person may not be able to perform; and

the parting is done for purposes of the person’s own and without the other’s authority;

the parting is taken to amount to treating the property as the person’s own to dispose of regardless of the other’s rights.

it is original stolen property (as defined by subsection (5)); or

it is previously received property (as defined by subsection (6)); or

it is tainted property (as defined by subsection (8)).

This subsection has effect subject to subsections (4) and (7).

property, or a part of property, that:

was appropriated in the course of theft (whether or not the property, or the part of the property, is in the state it was in when it was so appropriated); and

is in the possession or custody of the person who so appropriated the property; or

property, or a part of property, that:

was otherwise unlawfully obtained (whether or not the property, or the part of the property, is in the state it was in when it was so obtained); and

is in the possession or custody of the person who so obtained the property or the person for whom the property was so obtained.

Previously received property

was received in the course of an offence against subsection (1); and

is in the possession or custody of the person who received the property in the course of that offence.

after the property is restored:

to the person from whom it was appropriated or obtained; or

to other lawful possession or custody; or

after:

the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property; or

a person claiming through the person from whom the property was appropriated or obtained ceases to have any right to restitution in respect of the property.

Tainted property

is (in whole or in part) the proceeds of sale of, or property exchanged for:

original stolen property; or

previously received property; and

if subparagraph (a)(i) applies—is in the possession or custody of:

if the original stolen property was appropriated in the course of theft (whether in contravention of this Act or of another law)—the person who so appropriated the original stolen property; or

if the original stolen property was otherwise unlawfully obtained—the person who so obtained the property or the person for whom the property was so obtained; and

if subparagraph (a)(ii) applies—is in the possession or custody of the person who received the previously received property in the course of an offence against subsection (1).

Money transfers

while the whole or any part of the amount remains credited to the account, the property is taken to be in the possession of the person; and

if the person fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled—the person is taken to have received the property; and

subsection (7) of this section does not apply to the property.

Receiving property stolen before commencement

it is to be assumed that section 47C of this Act had been in force at all times before the commencement of this section; and

(b) property that was appropriated or obtained at a time before the commencement of this section does not become original stolen property unless the property was appropriated or obtained in circumstances that (apart from paragraph (a)) amounted to an offence against a law of the Commonwealth, a State or a Territory in force at that time.

Definition

takes any property that has been left exposed or unprotected; or

takes any property from the body of a person who has been killed or from a person who has been wounded, injured or captured; or

takes any vehicle, equipment or stores captured from or abandoned by the enemy.

the person receives property; and

the property has been taken in circumstances constituting an offence against subsection (1); and

the person knows of those circumstances.

the member uses a social media service or relevant electronic service; and

the member does so in a way that a reasonable person would regard as offensive or as threatening, intimidating, harassing or humiliating another person.

(a) social media service means a social media service within the meaning of section 13 of the Online Safety Act 2021 but includes an exempt service (within the meaning of that section); and

(b) relevant electronic service means a relevant electronic service within the meaning of section 13A of the Online Safety Act 2021 but includes an exempt service (within the meaning of that section).

a removal order applies to the member; and

the member fails to comply with the removal order.

the person is ordered into arrest; and

the order is lawful; and

the person disobeys the order.

the person assaults another person; and

the other person:

has a power of arrest over him or her under section 89 and is arresting, or attempting to arrest, him or her in the exercise of that power; or

is carrying out, or attempting to carry out, an order for his or her arrest under section 89; or

is arresting, or attempting to arrest, him or her under a warrant under section 88 or 90; or

has him or her in custody.

a person is in custody on a charge; and

the member is required by or under this Act to take action to have the charge dealt with in accordance with this Act; and

the member does not take the action.

a person in custody is entitled to be released; and

the member is required by or under this Act to take action to release, or to order the release of, the person; and

the member does not take the action.

the person has been sworn or affirmed as a witness in proceedings before a service tribunal; and

the person makes a false statement in those proceedings; and

the person knows the statement to be false or does not believe it to be true; and

the statement is material in those proceedings.

the person has been served, as provided for by the rules of procedure, with a summons to appear, or has been ordered to appear, as a witness before a service tribunal; and

the person:

fails to appear as required by the summons or order; or

fails to appear and report himself or herself from day to day and has not been excused or released by the tribunal from further attendance.

refuses or fails to take an oath or make an affirmation when lawfully required to do so; or

refuses or fails to answer a question that the person is lawfully required to answer by the tribunal; or

refuses or fails to produce a document that the person was required to produce by a summons served on the person, as provided for by the rules of procedure, or by an order.

insults a member of a court martial, a judge advocate, a Defence Force magistrate or a summary authority in or in relation to the exercise of his or her powers or functions as such a member, judge advocate, magistrate or authority; or

interrupts the proceedings of a service tribunal; or

creates a disturbance or takes part in creating or continuing a disturbance in or near a place where a service tribunal is sitting; or

engages in any other conduct that would, if a service tribunal were a court of record, constitute a contempt of that court.

a person has been delivered into a member’s custody or the member has a duty to guard a person; and

by act or omission, the member intentionally allows the person to escape.

a person has been delivered into a member’s custody or the member has a duty to guard a person; and

the member releases the person; and

the member has no authority to release the person.

makes any unnecessary noise;

commits a nuisance;

is idle, careless or negligent at work;

without lawful authority, converses or otherwise communicates with another person (whether or not a detainee);

without lawful authority, gives any thing to, or receives any thing from, another person (whether or not a detainee);

without lawful authority, has in his or her possession any thing; or

without lawful authority, enters or leaves his or her cell;

commits an offence.

the person makes or signs a service document that is false in a material particular; or

the person makes in a service document an entry that is false in a material particular; or

the person alters a service document so that the document is false in a material particular; or

the person engages in conduct that results in the suppression of, the defacing of, the making away with or the destruction of a service document, or a part of a service document, that it is the person’s duty to preserve or produce; or

the person does not make an entry in a service document that it is the person’s duty to make so that the document is rendered false in a material particular.

the person makes a statement, (whether orally, in a document or in any other way); and

the statement:

is false or misleading; or

omits any matter or thing without which the statement is misleading; and

the person knows of the matter mentioned in paragraph (b); and

the statement is made in, in connection with, or in support of, an application for:

a grant, payment or allotment of money or an allowance; or

leave of absence; or

any other benefit or advantage;

for the person or another person; and

the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

the person makes a statement (whether orally, in a document or in any other way); and

the statement:

is false or misleading; or

omits any matter or thing without which the statement is misleading; and

the person is reckless as to the matter mentioned in paragraph (b); and

the statement is made in, in connection with, or in support of, an application for:

a grant, payment or allotment of money or an allowance; or

leave of absence; or

any other benefit or advantage;

for the person or another person; and

the application arises out of, or is based on, membership of, or service in or in connection with, the Defence Force.

the recipient receives a benefit arising out of, or based on, the recipient’s membership of, or service in or in connection with, the Defence Force; and

the recipient is required as a condition of receiving that benefit to notify a person of a change in circumstances relating to the recipient’s entitlement to the benefit; and

the recipient fails to comply with that requirement.

means:

a grant; or

a payment; or

an allotment of money; or

an allowance; or

a leave of absence; or

any other benefit or advantage; and

is not limited to property.

the person:

is required to answer a question set out in a document required to be completed in relation to the person’s appointment or enlistment; and

with intent to deceive, makes a false answer to the question; or

with intent to deceive, the person gives any false information or document in relation to the person’s appointment or enlistment; or

with intent to deceive, the person does not disclose, if and when lawfully required to do so, particulars of any prior service in the Defence Force;

and as a result of that application, the person is appointed to or enlisted in the Defence Force.

the member:

is required to answer a question set out in a document required to be completed in relation to the person’s appointment or enlistment; and

with intent to deceive, makes a false answer to the question; or

with intent to deceive, the member gives any false information or document in relation to the person’s appointment or enlistment; or

with intent to deceive, the member does not disclose, if and when lawfully required to do so, particulars of any prior service in the Defence Force.

the person discloses information; and

there is no lawful authority for the disclosure; and

the disclosure is likely to be prejudicial to the security or defence of Australia.

is outside Australia; and

sells, or deals or traffics in, a prohibited drug; and

knows the nature of the drug.

is outside Australia; and

is in possession of a prohibited drug; and

knows that he or she possesses that drug and knows its nature.

if the offence is committed in relation to:

a prohibited drug other than cannabis; or

a quantity of cannabis exceeding the prescribed quantity of that drug;

imprisonment for 2 years; or

if the offence is committed in relation to a quantity of cannabis not exceeding the prescribed quantity of that drug and the convicted person is a defence member:

for a first offence—a fine of the amount of the member’s pay for 14 days; or

for a second or later offence—dismissal from the Defence Force; or

if the offence is committed in relation to a quantity of cannabis not exceeding the prescribed quantity of that drug and the convicted person is a defence civilian—a fine of 3 penalty units.

is outside Australia; and

administers, or causes or permits to be administered, to himself or herself, a prohibited drug.

if the offence is committed in relation to a prohibited drug other than cannabis—imprisonment for 2 years; or

if the offence is committed in relation to cannabis and the convicted person is a defence member:

for a first offence—a fine of the amount of the member’s pay for 14 days; or

for a second or later offence—dismissal from the Defence Force; or

if the offence is committed in relation to cannabis and the convicted person is a defence civilian—a fine of 3 penalty units.

is in Australia; and

administers, or causes or permits to be administered, to himself or herself a prohibited drug.

if the offence is committed in relation to a prohibited drug other than cannabis and the convicted person is a defence member—imprisonment for 2 years; or

if the offence is committed in relation to cannabis and the convicted person is a defence member:

for a first offence—a fine of the amount of the member’s pay for 14 days; or

for a second or later offence—dismissal from the Defence Force; or

if the convicted person is a defence civilian—a fine of 3 penalty units.

is in Australia; and

is in possession of a quantity of a prohibited drug not exceeding the prescribed quantity of that drug; and

knows that he or she possesses that drug and knows its nature.

if the offence is committed in relation to a prohibited drug other than cannabis—imprisonment for 2 years; or

if the offence is committed in relation to cannabis:

for a first offence—a fine of the amount of the member’s pay for 14 days; or

for a second or later offence—dismissal from the Defence Force.

a living cannabis plant; or

cannabis resin; or

any other form of cannabis (including flowering or fruiting tops, leaves, seeds or stalks, but not including cannabis fibre).

controlled drug has the same meaning as in Part 9.1 of the Criminal Code.

controlled plant has the same meaning as in Part 9.1 of the Criminal Code.

prescribed quantity, in relation to a prohibited drug, means:

(a) for a controlled drug or a controlled plant in relation to which there is a trafficable quantity specified under the Criminal Code—the trafficable quantity so specified for that substance; or

for any other prohibited drug—50 grams.

the member omits to perform an act; and

the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

the person engages in conduct in the Jervis Bay Territory; and

engaging in that conduct is a Territory offence.

the person engages in conduct in a public place outside the Jervis Bay Territory; and

engaging in that conduct would be a Territory offence, if it took place in a public place in the Jervis Bay Territory.

the person engages in conduct outside the Jervis Bay Territory (whether or not in a public place); and

engaging in that conduct would be a Territory offence, if it took place in the Jervis Bay Territory (whether or not in a public place).

if the relevant Territory offence is punishable by a fixed punishment—that fixed punishment; or

otherwise—a punishment that is not more severe than the maximum punishment for the relevant Territory offence.

if the relevant service offence is punishable by a fixed punishment—that fixed punishment; or

otherwise—a punishment that is not more severe than the maximum punishment for the relevant service offence.

the relevant service offence is not committed; or

committing the relevant service offence is impossible.

section 11.1 (attempt);

section 11.4 (incitement);

section 11.5 (conspiracy).

an offence against section 61 that is alleged to have been committed in Australia and in relation to which the relevant Territory offence is:

treason, murder, manslaughter or bigamy;

(ia) an offence against Crimes Act 1900 of the Australian Capital Territory, in its application to the Jervis Bay Territory, as amended or affected by Ordinances in force in that Territory;section 51, 52, 53, 54 or 55 of the

an offence in respect of which proceedings could not be brought in the Jervis Bay Territory without the consent of a Minister, the Director of Public Prosecutions of the Commonwealth or a person authorised by the Director of Public Prosecutions of the Commonwealth to give consent; or

an offence prescribed for the purposes of this section; or

an offence against section 61 that is based on an ancillary Territory offence in relation to a Territory offence referred to in paragraph (a).

a warrant for the arrest of the person for the offence may be issued in accordance with Part V;

the person may be arrested for the offence, and kept in custody, or otherwise dealt with, in accordance with Part V; and

the person may be charged with the offence in accordance with Part V;

but no further steps in the proceedings shall be taken until such consent is obtained.