Document ID: chunk:federal_register_of_legislation:C2024C00861:section:38
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 38
Character Range: 112661–113568

38  Malingering
 (1) A defence member commits 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 commits 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