Commentary First Group of Parts – Discipline Part 7- Trial by Court Martial Section 164: Punishments available to Court Martial
326.The Table in subsection (1) specifies the punishments that may be awarded by the Court Martial. Some of these punishments are available only for certain categories of offender or only in certain circumstances. The Table is also subject to other provisions of the Act which impose restrictions on the court’s choice of punishments.
327.Subsection (4) enables regulations to provide that persons in specified categories (for example, specified trades or branches) cannot be reduced or disrated below a particular rank or rate.
328.Subsection (7) gives effect to modifications made to this section by Schedule 3. That Schedule provides an alternative Table of punishments for civilians subject to service discipline, and another for persons previously subject to service law. The Table in section 164 applies only to offenders to whom neither of the Tables in Schedule 3 applies.