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Armed Forces Discipline Act 1971

Armed Forces Discipline Committee - Establishment of Armed Forces Discipline Committee

162: Functions of Discipline Committee

You could also call this:

"The Discipline Committee makes rules to help decide punishments for Armed Forces members who break the law."

Illustration for Armed Forces Discipline Act 1971

The Discipline Committee has some jobs to do. You can think of these jobs as making rules to help decide what happens to people who break the law in the Armed Forces. The Committee makes guidelines on things like how to decide what sentence is fair for someone who has broken the law. They also make guidelines on what types of sentences can be given and when it is okay to give a different sentence than the guidelines say. When making these guidelines, the Committee must make sure they are consistent with the Sentencing Act 2002. The Committee does its job on its own, without the Minister telling it what to do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403690.

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Part 8AArmed Forces Discipline Committee
Establishment of Armed Forces Discipline Committee

162Functions of Discipline Committee

  1. The functions of the Discipline Committee are—

  2. to produce sentencing guidelines on the following in relation to offences against this Act:
    1. sentencing principles:
      1. sentencing levels:
        1. particular types of sentences:
          1. other matters relating to sentencing practice:
            1. grounds for departure from the sentencing guidelines; and
            2. any functions that are incidental and related to, or consequential on, its functions set out in paragraph (a).

              1. In performing its functions, the Discipline Committee must ensure that any sentencing guidelines it produces are, to the extent that it is applicable, consistent with the Sentencing Act 2002.

              2. The Discipline Committee must carry out its functions independently of the Minister.

              Notes
              • Section 162: substituted, on , by section 44 of the Armed Forces Discipline Amendment Act (No 2) 2007 (2007 No 98).
              • Section 162(2): replaced, on , by section 4(2) of the Statutes Repeal Act 2017 (2017 No 23).