Defence Act 1954

Fraudulent enlistment.

164

164. (1) Every person subject to military law as a man who fraudulently enlists is guilty of an offence against military law and shall, F134 [ where a charge under this section is disposed of summarily under section 177C, 178C or 179C, as the case may be, be liable to suffer any punishment awardable thereunder or, ] on conviction by court-martial, be liable to suffer imprisonment F135 [ for any term not exceeding two years ] or any less punishment awardable by a court-martial.

(2) For the purposes of this Act, a man fraudulently enlists who,—

( a) while belonging to the Permanent Defence Force, or having been called out on permanent service as a man of the Reserve Defence Force, without having obtained a regular discharge therefrom, or otherwise fulfilling the conditions enabling him to enlist, enlists in the Permanent Defence Force, or

( b) when belonging to the Permanent Defence Force, enlists in the Reserve Defence Force without having fulfilled the conditions enabling him to so enlist.

(3) When an offender has fraudulently enlisted on several occasions he may for the purpose of this section be deemed to belong to any one or more of the service corps or units to which he has been appointed or transferred as well as the service corps or unit to which he properly belongs.

Annotations:

Amendments:

F134

Inserted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 21, sch. 6, S.I. No. 254 of 2008.

F135

Inserted (11.07.1990) by Criminal Justice Act 1990 (16/1990), s. 7 and sch. 1, para. 4(e), commenced on enactment.