Commonwealth Consolidated Acts

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Members to wear uniforms and identification when exercising powers

             (1)  A person commits an offence if:

                     (a)  the person is a member of the Defence Force; and

                     (b)  the person is exercising powers under this Division, or under Division 6 (provisions common to Divisions 3 to 5) in its operation in relation to this Division; and

                     (c)  the person does not, at all times while exercising those powers:

                              (i)  wear the person's uniform; and

                             (ii)  have the person's surname, the person's numbers, or the person's combination of numbers and letters of the alphabet, on or attached to the uniform in a place that is visible.

Penalty:  30 penalty units.


             (2)  Subsection (1) does not apply if:

                     (a)  the contravention by the person occurs because of an act of another person (not being a member of the Defence force) done without the consent of the person; or

                     (b)  the power is taken not to be exercised under this Division because of section 43 (powers that may be exercised under Divisions 3 and 4).

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

Members to be given means to comply with obligations

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

Geographical application

             (4)  Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection (1) to the extent that this section applies in relation to the Australian offshore area.

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