Royal Brunei Armed Forces Act · 1984 Revised Edition · Part · Forfeitures and Deductions and Enforcement of Maintenance Liabilities
132. Compensation for loss occasioned by wrongful act or negligence
Official textFrom Attorney General's Chambers, unchanged
Without prejudice to the provisions of this Act dealing with stoppages as a punishment, the following provisions shall have effect where, after such investigation as may be prescribed by regulations made by His
stoppages
“stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;
Majesty the Sultan and Yang Di-Pertuan* it appears to the competent authority that any loss of, or damage to, public or service property has been occasioned by any wrongful act or negligence of an officer or soldier (in this section referred to as the person responsible).
competent authority
“competent authority” means His Majesty the Sultan and Yang Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;
The competent authority may order the person responsible
(whether or not he is a member of the Armed Forces at the time when the order is made) to pay, as or towards compensation for the loss or damage, such sum as may be specified in the order; and any such sum, in so far as not otherwise paid by the person responsible, may be deducted from his pay.
No order shall be made under subsection (2) if, in proceedings under this Act before a court-martial, the appropriate superior authority or the commanding officer of the person responsible, that person —
appropriate superior authority
“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question; or
has been awarded stoppages in respect of the same loss or damage, but except as aforesaid, the fact that any such proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under subsection (2).
* Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan — [S 16/1986]
Royal Brunei Armed Forces 106
Terms defined in s 2
appropriate superior authority
Defined · s 2“appropriate superior authority” has the meaning assigned to it by sections 77(1) and 83(2);
Armed Forces
Defined · s 2“Armed Forces” means the Royal Brunei Armed Forces raised and maintained under this Act;
commanding officer
Defined · s 2“commanding officer” has the meaning assigned to it by section 83(1);
competent authority
Defined · s 2“competent authority” means His Majesty the Sultan and Yang Di-Pertuan or any officer or officers for the time being authorised by His Majesty the Sultan Yang Di-Pertuan to exercise or perform all or any of the powers or duties conferred or imposed upon the competent authority under this Act;
damage
Defined · s 2“damage” includes destruction, and references to damaging shall be construed accordingly;
officer
Defined · s 2“officer” means any person commissioned into the Armed Forces by His Majesty the Sultan and Yang Di-Pertuan under this Act but does not include any person serving under any loan agreement or contract with the Government;
prescribed
Defined · s 2“prescribed” means, except in Parts 5 and 7, prescribed by regulations made by His Majesty the Sultan and Yang Di-Pertuan*;
service
Defined · s 2“service”, when used adjectively, means belonging to or connected with the Armed Forces or the Reserve Regiment or any part of either of such forces;
soldier
Defined · s 2“soldier” means any person other than an officer, enlisted in the Armed Forces under or by virtue of the provision of this Act, but does not, except whereit is expressly provided, include an officer cadet; * Transferred from His Majesty in Council to His Majesty the Sultan and Yang Di-Pertuan —
stoppages
Defined · s 2“stoppages” means the recovery, by deductions from the pay of the offender, of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;