Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_38
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 49912–50835

38  Malingering

 (1) A defence member is guilty of an offence if, with intent to make or keep himself or herself unfit for duty or service, the member:
 (a) injures himself or herself or causes or permits himself or herself to be injured; or
 (b) by act or omission, causes himself or herself to suffer from a sickness or disability or prolongs or aggravates a sickness or disability from which he or she is suffering.

Maximum punishment: Imprisonment for 12 months.

 (2) A defence member is guilty of an offence if:
 (a) the member represents himself or herself to be suffering from a physical or mental condition; and
 (b) the member makes the representation with intent to avoid duty or service; and
 (c) the representation is false; and
 (d) the member knows that the representation is false.

Maximum punishment: Imprisonment for 12 months.

Division 5—Offences relating to ships, vehicles, aircraft and weapons