Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 19

Conduct after capture by the enemy

             (1)  A defence member is guilty of an offence if:

                     (a)  the member is captured by the enemy; and

                     (b)  any reasonable steps are available to the member to rejoin his or her force; and

                     (c)  the member does not take those steps.

Maximum punishment:        Imprisonment for 5 years.

             (2)  A defence member is guilty of an offence if:

                     (a)  the member and another person are captured by the enemy; and

                     (b)  any reasonable steps are available to the other person to rejoin his or her force; and

                     (c)  the member prevents or discourages the other person from taking those steps.

Maximum punishment:        Imprisonment for 5 years.

             (3)  A defence member is guilty of an offence if:

                     (a)  the member is captured by the enemy; and

                     (b)  the member engages in conduct with the intention of securing favourable treatment for himself or herself; and

                     (c)  the conduct is detrimental to other persons also captured by the enemy.

Maximum punishment:        Imprisonment for 5 years.

             (4)  A defence member is guilty of an offence if:

                     (a)  the member is captured by the enemy; and

                     (b)  the member is in a position of authority over other persons also captured by the enemy; and

                     (c)  the member ill‑treats those other persons.

Maximum punishment:        Imprisonment for 5 years.


 



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