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.

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 disciplinary officer may reduce the rating’s rank—

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 disciplinary officer may reduce the soldier’s rank to any lower rank, not below private, in the Army.

If the Court Martial sentences an aviator to reduction in rank, or a disciplinary officer imposes a punishment of reduction in rank on an aviator, the Court Martial or disciplinary officer may reduce the aviator’s rank to any lower rank, not below leading aviator classification, in the Air Force.

If the 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 must take rank and precedence in his or her service accordingly.

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.

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 disciplinary officer specifies.

If a member of the Armed Forces is convicted of an offence by a civil court, the member forfeits—

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

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

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 His Majesty’s Service, the member forfeits—

If a member of the Armed Forces is convicted of an offence by the Court Martial or is found guilty 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 the conviction.

In calculating the number of days a member of the Armed Forces is in custody, in close arrest, or is suspended from duty for the purposes of regulations 7 to 9 and 11, if that period (whether a continuous period or a number of separate periods of custody, close arrest, or suspension), calculated in hours,—

However, no period in respect of which a member of the Armed Forces would not otherwise have been entitled to pay and allowances may be counted in calculating the number of days the member is in custody, in close arrest, or is suspended from duty.

If a member of the Armed Forces is to forfeit pay and allowances under regulations 7 to 9, the pay and allowances that are to be forfeited may be recovered from the member by the Crown by deduction from, or withholding or delaying payment of, any 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.

Subclause (1) does not limit any other mode of recovery.

This regulation applies if a person subject to the Act—

If this regulation applies, the 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.

However, no deduction from, or withholding or delaying payment of, any money under subclause (2) may exceed the sum that would allow the person to draw a minimum of 20% of his or her basic pay per day.

Despite regulations 11 and 12, 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 a person subject to the Act or on the death of a person subject to the Act may be made under either of those regulations.

This Part applies to the following work, done on or after 1 July 2009:

The Chief of Defence Force must, before the start of each year, prepare and certify a scale of the fees, travelling expenses, and allowances payable in accordance with regulations 16, 18 to 20, 21(1)(b) and (c), and 22 in respect of work to which this Part applies.

A copy of the scale must be given to each certifying officer.

For the purposes of these regulations, the base hourly rate of remuneration for work done in any year is the same as the senior hourly rate of remuneration determined by the Solicitor-General under regulation 4 of the Crown Solicitors Regulations 1994 for work done in that year.

A certifying officer may classify counsel as senior counsel if—

A certifying officer may classify counsel as intermediate counsel if—

A certifying officer must classify as junior counsel all counsel who are not classified under subclause (1) or (2).

In subclauses (1) and (2), references to appearances in trials before the Court Martial and appearances in proceedings before the Court Martial Appeal Court include appearances in trials by court-martial before the commencement of the Court Martial Act 2007 and appearances before the Courts Martial Appeal Court before the commencement of the Court Martial Appeals Amendment Act 2007.

The Chief of Defence Force may prescribe the maximum number of hours for which fees may be claimed under these regulations for any particular work or class of work.

Subclause (1) is subject to regulation 28.

The remuneration payable to counsel for work to which this Part applies is at the following rate per hour:

However, remuneration payable to counsel in respect of appearances before the Court Martial is at the rate prescribed for that counsel in subclause (1) multiplied by 4 for each half-day or part of a half-day.

The remuneration payable to a lecturer for work to which this Part applies is at the base hourly rate of remuneration for each day or part of a day.

A person who is required to travel more than 5 kilometres from his or her usual place of business in connection with work to which this Part applies is allowed the following travelling expenses:

However, in relation to subclause (1)(a), receipts must be produced for fares that exceed 10% of the base hourly rate of remuneration if these are not fixed by law or readily ascertainable.

A special allowance at the following rates is payable to counsel for each hour spent travelling in a day for the purpose of work to which this Part applies, in addition to the travelling expenses provided for in regulation 21:

The special allowance is not payable in addition to any other payment, for preparation or otherwise, in respect of the same time.

The fees prescribed in these regulations include all charges for receiving instructions, preparation, correspondence, research, reports, and attendances.

However, other necessary expenses (for example, toll charges) are payable to the extent that the certifying officer is satisfied that the expenses are fair and reasonable both as to nature and cost.

A person who claims fees, expenses, and allowances under these regulations must, on completion of the work to which the claim relates,—

The certifying officer must certify that the fees, expenses, and allowances claimed are payable under these regulations if—

Subclause (1) is subject to regulations 26 and 28.

Nothing in subclause (1)(c) applies to fees claimed by a lecturer.

This regulation applies if the certifying officer is of the opinion—

The certifying officer must approve whatever lesser fees he or she thinks are fair and reasonable and certify this on the voucher.

The certifying officer must forward the certified voucher to the Chief of Defence Force or other officer authorised by the Chief of Defence Force for the purpose of this regulation.

If the Chief of Defence Force or other authorised officer is satisfied that the services charged have been duly performed, he or she must certify this and arrange payment.

Subclause (2) applies if—

If this subclause applies,—

If the Chief of Defence Force considers that a fee, expense, or allowance payable under these regulations is inadequate or excessive having regard to exceptional circumstances,—

If a member of the Armed Forces is convicted of an offence before the commencement of these regulations and is in civil custody, service custody, close arrest, or is suspended from duty after the commencement of these regulations, regulations 7 to 9 apply to the period of civil custody, service custody, close arrest, or suspension from duty after that commencement.

Nothing in these regulations affects the validity of any forfeiture in respect of a period of civil custody, service custody, close arrest, or suspension from duty before the commencement of these regulations.

The following regulations are revoked:

The Armed Forces Discipline (Legal Services Fees and Allowances) Regulations 1991, despite their revocation by subclause (1), continue to apply to work done on or after their commencement but before 1 July 2009.