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In forceAmended2020 Revised Edition

Part 3 · Military Offences

19. Insubordinate behaviour

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Amended

Last amended by an amending law of 2022.

(1)

Every person subject to military law shall be guilty of an offence if the person —

(a)

strikes or otherwise uses violence to, or offers violence to, a person superior in rank or appointment; or

(b)

uses threatening or insubordinate language or gestures to, or behaves with contempt to, a person superior in rank or appointment.

(1A)

A person who is guilty of an offence under subsection (1)(a) shall be liable on conviction by a subordinate military court to —

(a)

if the offence is committed during active service — imprisonment for a term not exceeding 7 years or any less punishment authorised by this Act; and

(b)

in any other case — imprisonment for a term not exceeding 4 years or any less punishment authorised by this Act.

(1B)

A person who is guilty of an offence under subsection (1)(b) shall be liable on conviction by a subordinate military court to —

(a)

if the offence is committed during active service — imprisonment for a term not exceeding 5 years or any less punishment authorised by this Act; and

(b)

in any other case — imprisonment for a term not exceeding 2 years or any less punishment authorised by this Act.

(2)

It is a defence for any person charged under this section to prove that he or she neither knew nor had reasonable cause to believe that the person in relation to whom the offence is alleged to have been committed was a person superior in rank or appointment.

Report

Part 4

Summary Trial by Disciplinary Officers and Composition of Military Offences

Part 5

Trial by Subordinate Military Courts

Part 6

Punishments of Military Offences and Execution of Sentences

Part 7

Military Court of Appeal

Part 8

Arrests, Searches and Investigations

Part 9

Bail and Bonds

Part 10

Boards of Inquiry

Part 11

PAY

Part 12

Emergency Powers

Part 12A

Aid to Civilian Authorities

Part 13

Miscellaneous

Schedules