Document ID: chunk:federal_register_of_legislation:C2024C00861:section:7
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 7
Character Range: 49692–51005

7  Prisoners of war
 (1) This Act (including the regulations and the rules of procedure) applies to, and in relation to, prisoners of war as if prisoners of war were members of the Defence Force and also defence members.
 (2) The regulations may make further provision relating to the discipline of prisoners of war and, in particular, may make provision for:
 (a) the exemption of prisoners of war from any provision of this Act, other than this section; and
 (b) the modification of any provision of this Act, other than this section or subsection 68(1) or 68A(1), so far as it relates to prisoners of war.
 (2A) Regulations made by virtue of subsection (2) shall not modify a provision of this Act so as to increase the severity of the punishment provided by this Act for a service offence.
 (3) The operation of this section is subject to the Convention and to the Geneva Conventions Act 1957.
 (4) In this section:
Convention means the Third Convention, within the meaning of the Geneva Conventions Act 1957, being that Convention as having effect subject to and in accordance with any reservation or declaration referred to in subsection 5(3) of that Act.
prisoner of war means a protected prisoner of war as defined in subsection 5(2) of the Geneva Conventions Act 1957 for whom Australia is responsible.