Commonwealth Consolidated Regulations

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AUSTRALIAN MILITARY REGULATIONS 1927 - REG 803

Personation, false representation and assumption of title

         (1)   A person is guilty of an offence if:

                (a)    the person:

                          (i)    impersonates a member of the Australian Army; or

                         (ii)    falsely represents himself or herself to be a member of the Australian Army or a former member of the Australian Army ; and

               (b)    the person does so with intent to deceive.

Penalty:   10 penalty units.

         (2)   To avoid doubt, for subregulation (1):

                (a)    impersonation does not include conduct engaged in solely for satirical or other artistic purposes; and

               (b)    false representation does not include conduct engaged in solely for satirical or other artistic purposes.

         (3)   A person commits an offence if the person assumes the title of a rank in the Australian Army that the person does not hold.

Penalty:   10 penalty units.

         (4)   Subregulation (3) does not apply if the person has a reasonable excuse.

Note    A defendant bears an evidential burden in relation to the matter in subregulation (3) (see subsection 13.3 (3) of the Criminal Code ).




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