Document ID: chunk:federal_register_of_legislation:C2004A00711:clause:1_51s
Version: federal_register_of_legislation:C2004A00711
Segment Type: clause
Provision Reference: sch 1 cl 51S
Character Range: 29514–30930

51S  Members to wear uniforms and identification when exercising powers

 (1) While any member of the Defence Force is exercising powers under this Division, or under Division 4 in its operation in relation to this Division, he or she must at all times:
 (a) wear his or her uniform; and
 (b) for the purposes of identification, have his or her surname and:
 (i) numbers; or
 (ii) a combination of numbers and letters of the alphabet;
  on or attached to the front of his or her uniform.

Penalty: 30 penalty units.

Situation where no offence committed

 (2) A member who contravenes paragraph (1)(b) is not guilty of an offence if the contravention occurs because of an act of another person (not being a member) done without the consent of the member.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

Application of Criminal Code

 (3) Chapter 2 of the Criminal Code applies to an offence against this section.

Note: Chapter 2 of the Criminal Code sets out the general principles of the criminal responsibility.

Members to be given means to comply with obligations

 (4) The Chief of the Defence Force must take such steps as are reasonable and necessary to ensure that members do not contravene subsection (1).

Division 4—Provisions common to Divisions 2 and 3

Subdivision A—Use of reasonable and necessary force