Defence Forces (Temporary Provisions) Act, 1923
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Punishment of certain offences by Reserve men. |
219.—(1) Where a man belonging to the Reserve— | |
(a) Fails without reasonable excuse on two consecutive occasions to comply with the orders or regulations in force under this Part of this Act with respect to the payment of the Reserve; or | ||
(b) When required by or in pursuance of the orders or regulations in force under this Part of this Act to attend at any place fails without reasonable excuse to attend in accordance with such requirements; or | ||
(c) Uses threatening or insulting language or behaves in an insubordinate manner to any officer or non-commissioned officer who in pursuance of the orders or regulations in force under this Part of this Act is acting in execution of his office and who would be the superior officer of such man, if such man were subject to military law; or | ||
(d) By any fraudulent means obtains or is accessory to the obtaining of any pay or other sum contrary to the orders or regulations in force under this Part of this Act; or | ||
(e) Fails without reasonable excuse to comply with the orders or regulations in force under this Part of this Act; | ||
he shall be guilty of an offence. | ||
(2) A man belonging to the Reserve who commits an offence under this Section, whether otherwise subject to military law or not shall be liable as follows:— | ||
(a) Be liable to be tried by Court-Martial and on conviction to suffer imprisonment or such less punishment as is in Part II., Chapter I., of this Act mentioned; or | ||
(b) Be liable to be convicted by a Court of Summary Jurisdiction and to be sentenced to a fine of not less than forty shillings and not more than twenty-five pounds, and in default of payment to imprisonment, with or without hard labour, for any term of not less than seven days and not more than the maximum term allowed by law for non-payment of the fine and may in any case be taken into military custody. | ||
(3) Where a man belonging to the Reserve commits in the presence of any officer an offence under this Section, or any offences under sub-section two or sub-section three of Section 135 of this Act (relating to the punishment of personation) that officer may, if he thinks fit, order such man, in lieu of being taken into military custody, to be taken into the custody of any Civic Guard, and brought before a Court of Summary Jurisdiction for the purpose of being dealt with by that Court. | ||
(4) A certificate purporting to be signed by an officer who is therein mentioned as an officer appointed to pay a man belonging to the Reserve, and stating that such man has failed on two consecutive occasions to comply with the orders or regulations in force under this Part of this Act with respect to the payment of the Reserve, shall, without proof of the signature or appointment of such officer, be evidence of such failure. | ||
(5) Where a man belonging to the Reserve is required by or in pursuance of the orders or regulations in force under this Part of this Act to attend at any place, a certificate purporting to be signed by an officer or person who is mentioned in such certificate as appointed to be present at such place for the purpose of inspecting men belonging to the Reserve, or for any other purpose connected with the Reserve, and stating that the man failed to attend in accordance with the said requirement, shall, without proof of the signature or appointment of such officer or person, be evidence of such failure. |