Armed Forces Discipline Amendment Act 1976
Armed Forces Discipline Amendment Act 1976
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Armed Forces Discipline Amendment Act 1976
Armed Forces Discipline Amendment Act 1976
Public Act |
1976 No 13 |
|
Date of assent |
27 August 1976 |
|
Contents
An Act to amend the Armed Forces Discipline Act 1971
Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Armed Forces Discipline Amendment Act 1976, and shall be read together with and deemed part of the Armed Forces Discipline Act 1971 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the date of the commencement of the principal Act.
2 Compensation to victims of offences occasioning physical harm
(1)
The principal Act is hereby amended by inserting, after section 186, the following section:
“186A
“(1)
Where any accused is found guilty, whether summarily or by court-martial, of any offence arising out of any act or omission that occasioned physical harm to any other person (whether a serviceman or a civilian and whether or not the occasioning of physical harm constitutes a necessary element of the offence at law) and the accused is punished by a fine, then, subject to subsection (2) of this section, the commanding officer, detachment commander, superior commander, officer dealing summarily with the charge under section 115 of this Act, or court-martial, as the case may require, may, in his or its discretion, award by way of compensation to the victim such portion of the fine, not exceeding one half, as he or it thinks fit.
“(2)
No award of compensation may be made under subsection (1) of this section, unless the commanding officer, detachment commander, superior commander, officer dealing summarily with the charge under the said section 115, or the court-martial, as the case may be, is of the opinion that the act or omission—
“(a)
Was unprovoked; and
“(b)
Caused bodily injury to the victim.
“(3)
An order made under this section shall be sufficient authority for the paying officer of the unit deducting the fine from the accused’s pay to pay the portion specified in the order to the person entitled to it under the order.
“(4)
An award of compensation under this section shall not affect the right of the person entitled to it—
“(a)
To receive compensation under the Accident Compensation Act 1972; and
“(b)
Subject to section 5 of that Act, to recover by civil proceedings damages in excess of the amount of the award.”
(2)
Section 186 of the principal Act is hereby amended by inserting, before the words “All fines”
, the words “Subject to section 186A of this Act”
.
This Act is administered in the Ministry of Defence.
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Versions
Armed Forces Discipline Amendment Act 1976
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