---
title: "Disciplinary infringement notice: election checklist (Defence Force Discipline Act)"
url: "https://ailawframework.com/precedents/military-and-defence-law/disciplinary-infringement-notice-election"
type: "precedent"
site: "AI Law Framework"
id: "a64-disciplinary-infringement-notice-election"
area_id: "A64"
kind: "checklist"
ai_level: "red"
version: 1
task_ids: ["A64-H20261018-2"]
law_stated_as_at: "2026-10-22"
---

# Disciplinary infringement notice: election checklist (Defence Force Discipline Act)

> Checklist for an ADF member given an infringement notice: the period to elect, what an election admits, the punishments available, and what happens if there is no election.

Canonical page: https://ailawframework.com/precedents/military-and-defence-law/disciplinary-infringement-notice-election  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Military & Defence Law](https://ailawframework.com/precedents/military-and-defence-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use when a prescribed defence member is given an infringement notice under Part IA of the Defence Force Discipline Act 1982 (Cth). The member decides whether to elect, after legal advice. This is not a statement by the member.

## Used for these tasks

- [Advise a member on an infringement notice under the discipline scheme](https://ailawframework.com/practice/military-and-defence-law/advise-a-member-on-an-infringement-notice-under-the-discipline-scheme.md)

## How AI may be used

The lawyer advises on the election; AI may only copy particulars, the period and the officer type from the notice into this checklist.

**AI may:**

- Copy the particulars, the election period, and whether a discipline officer or a senior discipline officer will deal with the member, from the notice
- List the punishments s 9FB allows for that kind of officer, beside the notice

**AI must not:**

- Must not recommend that the member elect or not elect
- Must not draft any admission, statement or explanation by the member
- Must not describe the election as an admission for a service offence or a civilian charge

**The lawyer checks:**

- The member is a prescribed defence member and the notice contains the matters in s 9E(3)
- The member understands the election is an admission for the scheme only (s 9EB), and that a completed dealing under s 9C(3) bars a service tribunal trial for an offence arising out of the infringement
- The election is made, or withheld, inside the period stated in the notice

## Authorities

- [Defence Force Discipline Act 1982 (Cth) s 9C (election within the period in the notice; effect of being dealt with) and s 9E (what the infringement notice must state)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s9c.html)
- [Defence Force Discipline Act 1982 (Cth) s 9EB (election is an admission only for the infringement scheme) and s 9EC (no election, or a withdrawn election, may be referred to an authorised charging member)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s9eb.html)
- [Defence Force Discipline Act 1982 (Cth) s 9FB (punishments a discipline officer or senior discipline officer may impose, and decisions to dismiss or decline)](https://classic.austlii.edu.au/au/legis/cth/consol_act/dfda1982188/s9fb.html)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/military-and-defence-law/disciplinary-infringement-notice-election and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*