Armed Forces Discipline Regulations 1990

  • revoked
  • Armed Forces Discipline Regulations 1990: revoked, on 1 July 2009, by regulation 30(1)(a) of the Armed Forces Discipline Regulations 2008 (SR 2008/236).

Reprint
as at 1 July 2009

Armed Forces Discipline Regulations 1990

(SR 1990/79)

  • Armed Forces Discipline Regulations 1990: revoked, on 1 July 2009, by regulation 30(1)(a) of the Armed Forces Discipline Regulations 2008 (SR 2008/236).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Ministry of Defence.


PURSUANT to section 205 of the Armed Forces Discipline Act 1971, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

1 Title and commencement
  • (1) These regulations may be cited as the Armed Forces Discipline Regulations 1990.

    (2) These regulations shall come into force on the day after the date of their notification in the Gazette.

2 Interpretation
  • In these regulations, unless the context other requires,—

    Able rank, in relation to the Navy, excludes ordinary rank, artificer apprentices, and junior ranks

    Allowances, in relation to a member of the Armed Forces, means all allowances payable to that member by the Crown in respect of his or her service in the Armed Forces; but does not include any payment by way of expenses, refunds, or allowances to meet expenditure already incurred

    Basic pay, in relation to a member of the Armed Forces, means the daily amount payable to the member as determined by the Chief of Defence Force, but excluding allowances

    Leading aircraftman, in relation to the Air Force, excludes aircraftman, cadet aircrew, aircraft apprentice, and airman cadet.

3 Reduction in rank
  • (1) If the Court Martial sentences an officer of any Service to reduction in rank, it may reduce the officer's rank to any lower commissioned rank in that Service.

    (2) If the Court Martial sentences a rating to reduction in rank, or a disciplinary officer imposes a punishment of reduction in rank on a rating, the Court Martial or officer may reduce the rating's rank—

    • (a) to any lower rank, not below able rank, in the rating's present branch; or

    • (b) in the case of the Naval Police Branch or the Physical Training Branch, to any lower rank, not below able rank, in the rating's former branch for which the rating is qualified.

    (3) If the Court Martial sentences a soldier to reduction in rank, or a disciplinary officer imposes a punishment of reduction in rank on a soldier, the Court Martial or officer may reduce the soldier's rank to any lower rank, not below private, in the Army.

    (4) If the Court Martial sentences an airman to reduction in rank, or a disciplinary officer imposes a punishment of reduction in rank on an airman, the Court Martial or officer may reduce the airman's rank to any lower rank, not below leading aircraftman, in the Air Force.

    (5) [Revoked]

    (6) Subject to subclauses (7) and (8) of this regulation, if a punishment of reduction in rank is imposed on a member of the Armed Forces, that member shall, notwithstanding the period of seniority credited to the member in the rank to which the member is reduced, serve a minimum of 1 year in that rank before the member is eligible for promotion to the next higher rank.

    (7) Where any member of the Armed Forces to whom subclause (6) of this regulation applies is on active service, a superior commander may authorise such earlier promotion of that member as, in the superior commander's opinion, the exigencies of the service require.

    (8) Where, in respect of such a member of the Armed Forces who is on active service, a superior commander is of the opinion that—

    • (a) The exigencies of the service require earlier promotion of the member; and

    • (b) The member's conduct since conviction would justify earlier promotion,—

    the superior commander may authorise such earlier promotion of the member as, in the superior commander's opinion, the exigencies of the service require.

    Regulation 3(1): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

    Regulation 3(2): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

    Regulation 3(3): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

    Regulation 3(4): substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

    Regulation 3(5): revoked, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

4 Forfeiture of seniority
  • If a court-martial sentences a member of the Armed Forces to forfeiture of seniority, it may forfeit all or part of the member's seniority in the rank that the member holds on the day on which the sentence is passed, and the member shall take rank and precedence in his or her Service accordingly.

5 Stay of seniority
  • (1) If the Court Martial sentences a member of the Armed Forces to a stay of seniority, the member must remain in the rank and retain the amount of seniority that the member has on the day on which the sentence is passed for the period, not exceeding 2 years, as the Court Martial specifies.

    (2) If a disciplinary officer imposes a punishment of a stay of seniority on a member of the Armed Forces, the member must remain in the rank and retain the amount of seniority that the member has on the day on which the punishment is imposed for the period, not exceeding 1 year, as the officer specifies.

    Regulation 5: substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

6 Forfeiture of pay on civil conviction
  • (1) If a member of the Armed Forces is convicted of an offence by a civil court, the member forfeits—

    • (a) 1 day's basic pay and allowances for—

      • (i) each day during which the member is in civil custody in respect of the offence, whether before or after conviction, or both; and

      • (ii) each day after conviction during which the member is in close arrest in respect of the offence; and

    • (b) 1 day's allowances for each day during which the member is suspended from duty in respect of the offence, whether before or after conviction, or both.

    (2) In any case to which subclause (1) applies, the member's commanding officer may cancel the forfeiture in whole or in part in respect of the period preceding the conviction.

    (3) However, the commanding officer must not cancel a forfeiture that exceeds 3 days' basic pay and allowances without the prior approval of the Chief of the Service to which the member belongs or is attached.

    Regulation 6: substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

7 Forfeiture of pay on service conviction for period before conviction
  • (1) If a member of the Armed Forces is convicted of an offence by the Court Martial or is found guilty of an offence by a disciplinary officer, the member forfeits—

    • (a) 1 day's basic pay and allowances for each day during which the member is in civil custody in respect of the offence before conviction or the finding of guilty; and

    • (b) 1 day's allowances for each day during which the member is suspended from duty in respect of the offence before conviction or the finding of guilty.

    (2) In any case to which subclause (1) applies, the Court Martial or the officer who found him or her guilty may cancel the forfeiture in whole or in part.

    Regulation 7: substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

8 Forfeiture of pay on service conviction for period after conviction
  • (1) If a member of the Armed Forces is convicted of an offence by the Court Martial and is sentenced to imprisonment, or to dismissal from Her Majesty's Service, the member forfeits—

    • (a) 1 day's basic pay and allowances for each day during which the member is in civil custody or service custody in respect of the offence after conviction; and

    • (b) 1 day's allowances for each day during which the member is suspended from duty in respect of the offence after conviction.

    (2) If a member of the Armed Forces is convicted of an offence by the Court Martial or is found guilty of an offence by a disciplinary officer and is sentenced to detention, the member must forfeit 1 half-day's basic pay for each day during which the member is in civil or service custody in respect of the offence after conviction.

    Regulation 8: substituted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

9 Calculation of period of forfeiture
  • (1) In calculating the number of days of custody or suspension from duty for the purposes of any of regulations 6 to 8 and 10 of these regulations, if such period, whether a continuous period or a number of separate periods of custody or suspension, calculated in hours,—

    • (a) Is less than 24 hours, it shall be counted as 1 day; or

    • (b) Is more than 24 hours, each multiple of 24 hours shall be counted as 1 day and any remaining number of hours shall be counted as a further day.

    (2) Notwithstanding subclause (1) of this regulation, no period in respect of which the member of the Armed Forces would not otherwise have been entitled to pay and allowances shall be counted in calculating the number of days of custody or suspension.

10 Withholding of pay, etc
  • (1) This regulation applies to every case where a member of the Armed Forces is alleged to have committed an offence and is in civil custody, or in close arrest, or is suspended from duty, as a result of that allegation.

    (2) Where the period of custody or suspension from duty does not exceed 14 days, the member's commanding officer may order the withholding of all or part of the pay and allowances to which the member would otherwise be entitled during that period pending conviction or acquittal.

    (3) Where the period of custody or suspension from duty exceeds 14 days, the member's commanding officer shall, unless the Chief of Defence Force otherwise directs, order the withholding of any further pay and allowances to which the member would otherwise be entitled during that period pending conviction or acquittal.

    (3A) The amount of pay and allowances that is ordered to be withheld under this regulation must not exceed the amount that may be subject to forfeiture under regulations 6 to 8.

    (4) All pay and allowances withheld under this regulation shall, subject to regulation 11 of these regulations, be credited to the member on conviction or acquittal, or as soon thereafter as is reasonably practicable.

    Regulation 10(3A): inserted, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

11 Recovery of forfeitures
  • Subject to regulation 13 of these regulations, where a member of the Armed Forces is to forfeit pay and allowances under any of regulations 6 to 8 of these regulations, the pay and allowances that are to be forfeited may, without limiting any other mode of recovery, be recovered from the member by the Crown—

    • (a) By deduction from any pay and allowances that would otherwise have been payable to the member in respect of the whole or any part of the period during which the member was in custody or suspended from duty prior to conviction, but which have been withheld from the member in accordance with regulation 10 of these regulations; and

    • (b) To the extent that such pay and allowances (if any) are insufficient to meet the pay and allowances that are to be forfeited, by deduction from, or withholding or delaying payment of, any other pay and allowances or other money due, owing, or payable to the member by the Crown in relation to his or her service in the Armed Forces.

12 Recovery of fines, compensation, etc
  • (1) Subject to subclause (2) of this regulation and regulation 13 of these regulations, where a person subject to this Act has been convicted by the Court Martial or found guilty by a disciplinary officer of an offence against the Act and has been fined or ordered to pay compensation or make some other payment for which the person may be liable under the Act, such fine, compensation, or other payment may be recovered by deduction from, or withholding or delaying payment of, any money due, owing, or payable to the person by the Crown in relation to his or her service in the Armed Forces.

    (2) No deduction from, or withholding or delaying payment of, any money pursuant to subclause (1) of this regulation shall exceed such sum as will allow the person to draw a minimum of 20 percent of his or her basic pay per day.

    Regulation 12(1): amended, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

13 Limitation on recovery
  • Notwithstanding regulations 11 and 12 of these regulations, no deductions from, or withholding or delaying payment of, any retiring allowance or other money granted or payable under the Government Superannuation Fund Act 1956 to any person subject to the Act or on the death of any person subject to the Act shall be made under either of those regulations.

14 Revocation
  • The Armed Forces Discipline Regulations 19831 are hereby revoked.


Schedule
Limits of degree to which ratings may be reduced in rank

Reg 3(3)

[Revoked]

  • Schedule: revoked, on 1 July 2009, by section 81 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).

C J HILL,

for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations are consequential upon the enactment of the Defence Act 1990. The principal change concerns regulation 10(3), where the powers presently exercisable by the Secretary of Defence are vested in the Chief of Defence Force. The other changes relate to terminology; in particular, the term serviceman is replaced by the term member of the Armed Forces.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 5 April 1990.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Armed Forces Discipline Regulations 1990. It incorporates all the amendments to the regulations as at 1 July 2009. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Armed Forces Discipline Regulations 2008 (SR 2008/236): regulation 30(1)(a)

    Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98): section 81


  • 1 SR 1983/235