Defence Forces (Temporary Provisions) (No. 2) Act, 1940

Recruits punishable for false answers.

38.—(1) If a person knowingly makes a false answer to any question contained in his attestation paper which is put to him by or by the direction of the person before whom he appears for the purposes of being attested in accordance with recruiting regulations, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to imprisonment for any term not exceeding three months.

(2) If a person guilty of an offence under this section has been attested as a soldier of the Forces or as a man of the Reserve, he shall be liable at the discretion of the prescribed military authority, to be proceeded against before a court of summary jurisdiction or to be tried by court-martial for the offence.