Commonwealth Numbered Acts Commonwealth Numbered Acts
Defence Force Discipline Act 1982
1 Subsection 3(1) (definition of appoint )
Repeal the definition.
2 Subsection 3(1)
Insert:
"prohibited drug " means:
(a) a border controlled drug (within the meaning of section 301.4 of the Criminal Code ); or
(b) a border controlled plant (within the meaning of section 301.5 of the Criminal Code ); or
(c) an anabolic steroid (within the meaning of Part 8 of the Crimes Act 1900 of the Australian Capital Territory).
3 Subsections 4(1) to (3)
Repeal the subsections, substitute:
(1) The Governor-General may declare, in writing:
(a) a specified force to be on active service for the purposes of this Act; or
(b) members of the Defence Force who are serving in a specified area to be on active service for the purposes of this Act.
(2) A declaration under subsection (1) is a legislative instrument.
4 Subsection 59(9) (paragraph (a) of the definition of prescribed quantity )
Omit "a narcotic substance that is".
5 Subsection 59(9) (definition of prohibited drug )
Repeal the definition.
6 Subsection 63(1)
After "Director of Public Prosecutions", insert "of the Commonwealth".
7 Subparagraph 63(1)(a)(ii)
After "Director of Public Prosecutions" (wherever occurring), insert "of the Commonwealth".
8 Subsection 95(8)
After "an authorized officer", insert "(other than an authorized officer who is a commanding officer)".
9 Subsection 101Q(4A)
Omit "narcotic substance", substitute "prohibited drug".
10 Subsection 101Q(4B)
Repeal the subsection.
11 Subsection 101QA(4)
Omit "narcotic substance", substitute "prohibited drug".
12 Subsection 101QA(5)
Repeal the subsection.
13 Division 2 of Part VIIIA (heading)
Repeal the heading, substitute:
Division 2 -- Review by reviewing authority
14 Subsection 172(3A)
Omit "A person on whom a punishment of imprisonment for life or imprisonment for a specific period is imposed may", substitute "An authorized officer may order that a person on whom a punishment of imprisonment for life or imprisonment for a specific period is imposed".
15 Subsection 172(4)
Omit "A person on whom a punishment of dismissal from the Defence Force is imposed may", substitute "An authorized officer may order that a person on whom a punishment of dismissal from the Defence Force is imposed".
16 Subsection 172(5)
Omit "A person on whom a punishment of detention is imposed by a summary authority may", substitute "An authorized officer may order that a person on whom a punishment of detention is imposed by a summary authority".
17 At the end of section 176
Add:
Note: Certain punishments do not take effect unless approved by a reviewing authority (see subsections 171(1) and (2)). Such punishments must first be approved by a reviewing authority before the execution of the punishment can be stayed under this section.
18 Paragraph 188FM(a)
Omit "holding the rank of", substitute "who holds a rank not lower than".
19 Subsection 195(1)
Omit "Attorney-General", substitute "Registrar".
20 Subsection 195(1)
Omit "and upon the payment of the prescribed fee (if any)".
21 Subsection 195(2)
Omit "Attorney-General" (wherever occurring), substitute "Registrar".
22 Subsection 195(2)
Omit "and upon the payment of the prescribed fee (if any)".
23 Subsection 195(3)
Omit "Attorney-General" (wherever occurring), substitute "Registrar".
24 At the end of subsection 195(4)
Add "or 148(2)".
25 After subsection 195(5)
Insert:
(5A) Despite subsections (1) and (2), the Registrar may accept an application, and supply a copy of the record of the proceedings, after the expiration of the periods mentioned in those subsections.
26 Subsection 195(6)
Omit "Attorney-General", substitute "Registrar".
27 Schedule 4 (note to Schedule heading)
Omit "Sections 184, 188AF, 188AT, 188FF and 188GJ", substitute "Sections 128, 184, 188CA, 188EG, 188FF and 188GJ".