Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_19
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 31071–32404

19  Conduct after capture by the enemy

 (1) A defence member is guilty of an offence if:
 (a) the member is captured by the enemy; and
 (b) any reasonable steps are available to the member to rejoin his or her force; and
 (c) the member does not take those steps.

Maximum punishment: Imprisonment for 5 years.

 (2) A defence member is guilty of an offence if:
 (a) the member and another person are captured by the enemy; and
 (b) any reasonable steps are available to the other person to rejoin his or her force; and
 (c) the member prevents or discourages the other person from taking those steps.

Maximum punishment: Imprisonment for 5 years.

 (3) A defence member is guilty of an offence if:
 (a) the member is captured by the enemy; and
 (b) the member engages in conduct with the intention of securing favourable treatment for himself or herself; and
 (c) the conduct is detrimental to other persons also captured by the enemy.

Maximum punishment: Imprisonment for 5 years.

 (4) A defence member is guilty of an offence if:
 (a) the member is captured by the enemy; and
 (b) the member is in a position of authority over other persons also captured by the enemy; and
 (c) the member ill‑treats those other persons.

Maximum punishment: Imprisonment for 5 years.

Division 2—Mutiny, desertion and unauthorised absence