Defence Forces (Temporary Provisions) Act, 1923

Punishment for non-attendance for annual training or permanent service, etc.

224.—(1) When a man belonging to the Reserve is called out for annual training or on permanent service, or when a man belonging to the Reserve is called out in aid of the civil power, and such man without leave lawfully granted or such sickness or other reasonable excuse as may be allowed in the prescribed manner, fails to appear at any time and place at which he is required upon such calling out to attend, he shall—

(a) If called out on permanent service or in aid of the civil power be guilty according to the circumstances of deserting within the meaning of Section forty-two of this Act or of absenting himself without leave within the meaning of Section forty-five of this Act; and

(b) If called out for annual training be guilty of absenting himself without leave within the meaning of Section forty-five of this Act.

(2) A man belonging to the Reserve who commits an offence under this Section or under Section forty-two or Section forty-five of this Act, whether otherwise subject to military law or not, shall be liable as follows, that is to say:—

(a) Be liable to be tried by Court-Martial and convicted and punished accordingly; or

(b) Be liable to be convicted by a Court of Summary Jurisdiction, and to be sentenced to a fine of not less than forty shillings and not more than twenty-five pounds, and in default of payment to imprisonment with or without hard labour for any term not less than seven days and not more than the maximum term allowed by law for non-payment of the fine,

and may in any case be taken into military custody.