Defence Act, 1964

This section gives the Act its short title: the Defence Act.

This section defines key terms used in the Act and explains how some references should be read.

The President may declare a unit to be deemed on active service, extend that period, or end it when it is no longer necessary, and any such declaration must be made by statutory proclamation.

A Defence Force must be maintained in Zambia, made up of army and air force components.

The Defence Force must defend Zambia and carry out other duties the President determines from time to time.

The President may order the Defence Force, or part of it, to be deployed outside Zambia, subject to section seven.

The President may send certain defence personnel outside Zambia for training, instruction, duty, or employment, and may place them at the disposal of another country’s military authorities if the person consents.

A Defence Council is established to advise the President, and the President appoints its members and may co-opt additional members.

A person cannot be granted a Defence Force commission unless recommended by a selection board, and the President must establish that board for this purpose.

Only the President may grant commissions in the Defence Force.

Officers granted a commission must be appointed to a Defence Force component, and the President may transfer officers between specified forces.

The President may make regulations by statutory instrument for this Part, subject to the Act.

A recruiting officer may enlist recruits in the Regular Force if done in the prescribed manner.

A recruiting officer must give enlistment applicants a prescribed notice and must not enlist them unless they understand it and want to be enlisted; under-18 enlistment also needs written consent.

This section sets the enlistment term for a person joining the Regular Force.

A Regular Force soldier may re-engage for further service, if approved by the competent military authority.

A Regular Force soldier whose service expires during war, insurrection, hostilities, or a public emergency may be kept in service, for a period set by the competent military authority.

Regular Force soldiers must be discharged promptly once entitled, remain subject to military law until discharge, and get a discharge certificate when discharged.

Regular Force soldiers due for transfer must be moved to the Reserve Force; those serving outside Zambia must be sent back to Zambia and transferred on arrival, unless they consent to delay. The competent military authority may instead discharge them immediately without giving reasons.

A Regular Force soldier cannot be discharged or transferred to the Reserve Force while pending proceedings for an offence under the Act, or while serving a sentence of imprisonment or detention.

The competent military authority may discharge a soldier of the Regular Force during a term of engagement, if the prescribed grounds and special instructions are met.

A Regular Force soldier may claim discharge, but only within the stated time limits and payment conditions, and not while colour service is still required under section 17.

Certain warrant officers and non-commissioned officers of the Regular Force cannot be reduced in rank unless a court-martial sentences it or an authorised lieutenant-colonel orders it.

A reduced warrant officer may claim discharge, unless war, insurrection, hostilities, or a public emergency exists.

When counting a Regular Force soldier’s service for discharge, re-engagement, or transfer to the Reserve Force, certain absence periods must be left out.

A person who has been paid as a soldier of the Regular Force may claim discharge at any time if he had not previously made the required declaration, and the competent military authority must discharge him if the claim is well founded.

A person being enlisted in the Regular Force must not knowingly give a false answer in an attestation paper question put by a recruiting officer.

Military personnel subject to this Act must not aid the enemy or cause enemy capture or destruction of Defence Force aircraft; breaches can be tried by court-martial and punished by death, imprisonment, or other punishment.

Military personnel must not communicate with or give intelligence to the enemy, especially with intent to assist the enemy or without authority.

A person subject to military law commits an offence if, when before the enemy, they act cowardly, leave duty, throw away arms or tools, do certain acts from section 29, or induce others to offend.

A person subject to military law commits an offence if they spread despondency- or alarm-causing reports about Defence Force operations, or if, when before the enemy, they use words to spread such alarm.

A person subject to military law commits an offence if, through disobedience or wilful neglect, they are captured by the enemy, or if they fail to take reasonable steps to rejoin the Defence Force after capture.

Military-law personnel commit an offence if they sleep, are drunk, leave post, or use force/threats against guard-duty personnel while on guard duty; conviction is by court-martial and may lead to imprisonment, with a two-year maximum if not on active service.

A person subject to military law must not loot, including stealing from the wounded or dead, taking exposed or abandoned property, or taking enemy stores for non-public use.

Military-law personnel who take part in mutiny, or incite mutiny, can be tried by court-martial and face death, imprisonment, or other punishment under the Act.

A person subject to military law must try to suppress or prevent a known or intended mutiny and report it without delay.

A person subject to military law who assaults, threatens, or uses insubordinate language to a superior officer may be convicted by court-martial and punished by imprisonment or a lesser punishment.

A person subject to military law who disobeys a lawful command may be convicted by court-martial and punished with imprisonment or a lesser punishment; if the offence was not committed on active service, imprisonment cannot exceed two years.

A person subject to military law must not obstruct, or refuse to assist when called on, a provost officer or someone lawfully acting under a provost officer.

A person subject to military law who disobeys known standing orders or orders they should reasonably know about can be punished by court-martial, including up to two years’ imprisonment.

This section makes desertion an offence for persons subject to military law and allows court-martial punishment, including imprisonment.

A person subject to military law must not go absent without leave, and must not persuade or procure a service-law person to do so.

A person subject to military law must not help a service-law person desert or go absent without leave, and must report it without delay and take steps to help secure apprehension if aware of it.

A person subject to military law must not knowingly make a false statement to obtain or extend leave.

A person subject to military law who, without reasonable excuse, misses or leaves a parade or other military duty early can be convicted by court-martial and punished with up to two years’ imprisonment or a lesser punishment.

A person subject to military law must not fake sickness, injure themself, cause injury to themself, injure another service person, or otherwise act or fail to act to make themself unfit for service. A conviction by court-martial can lead to up to two years’ imprisonment or a lesser punishment.

A person subject to military law who is guilty of drunkenness may be convicted by court-martial and imprisoned for up to two years, with a six-month maximum detention limit for a soldier who was neither on active service nor on duty.

Members of the military subject to this Act commit offences if they steal, damage, misuse, receive, or unlawfully dispose of public/service property or Defence Force aircraft/material.

A person subject to military law must not steal, misuse, receive, or damage property belonging to a person subject to service law.

Military personnel subject to this Act may commit an offence if they negligently lose, damage, neglect, or dispose of listed property or equipment; conviction by court-martial can lead to up to 2 years’ imprisonment or a lesser punishment.

Military-law personnel must not obtain billets without authority, demand payment to stop billeting, or damage property connected with billeting.

A person subject to military law commits an offence if they wrongly give directions, take possession, or take money or things in connection with requisitioning a vehicle without authority.

A person subject to military law who dangerously flies or uses an aircraft and causes, or is likely to cause, death or injury can be punished by court-martial.

A person subject to military law must not sign an aircraft-related certificate unless it is accurate.

Pilots subject to military law must not fly an aircraft below the height set by regulations, except when taking off, alighting, or in other permitted circumstances.

A military-law subject who is piloting an aircraft must not fly it in a way that causes, or is likely to cause, unnecessary annoyance to anyone.

Military personnel can commit an offence if they delay action on an arrested person, fail to release them when required, or fail to provide required written reports within the stated time limits.

Persons subject to military law must not let prisoners escape or release them without proper authority.

A person subject to military law commits an offence if, during a quarrel or disorder, they refuse an arrest order or use violence against the arresting officer or custodian; conviction by court-martial can lead to up to two years’ imprisonment or a lesser punishment.

A person subject to military law who escapes from arrest, prison, or other lawful custody may be punished by court-martial.

People subject to military law who disobey court-martial requirements or disrupt the court can be convicted and punished with imprisonment.

A person subject to military law who is sworn as a witness or interpreter and knowingly gives false material evidence in relevant proceedings can be punished by court-martial.

A person subject to military law must not, without authority, disclose information useful to an enemy.

A person being attested must not knowingly give a false answer on the attestation paper; if convicted by court-martial while subject to military law, the person may be imprisoned for up to three months or receive a lesser punishment.

People subject to military law must not make or alter false service documents, or help others do so; court-martial conviction can lead to imprisonment up to two years or a lesser punishment.

An officer subject to military law who behaves scandalously or unbecomingly may be cashiered if convicted by court-martial.

Military officers and certain warrant/non-commissioned officers must not strike or otherwise ill-treat inferior or subordinate service members; conviction by court-martial can lead to imprisonment of up to two years or a lesser punishment under the Act.

A person subject to military law who commits disgraceful conduct of a cruel, indecent, or unnatural kind may be convicted by court-martial and jailed for up to two years, or given a lesser punishment allowed by the Act.

A person subject to military law commits an offence if they knowingly make a false accusation or false complaint statement about an officer or soldier, or wilfully hide material facts; conviction by court-martial can lead to up to two years’ imprisonment or a lesser punishment.

A person subject to military law who tries to commit a military offence can be punished as if the offence had been committed, after conviction by court-martial.

A person subject to military law who acts, behaves, or fails to act against good order and military discipline may be convicted by court-martial and punished by up to two years’ imprisonment or a lesser punishment.

A person subject to military law commits an offence if they commit a civil offence, and court-martial conviction can bring death or other punishments tied to the matching civil offence.

A court-martial may punish an officer with the listed punishments, and if it sentences an officer to imprisonment it must also sentence cashiering.

This section lists the punishments a court-martial may award to a soldier and limits when some punishments can be added together.

Field punishment may include duties or drills, loss of privileges, and, if regulations provide, confinement and personal restraint to prevent escape.

This section lets specified military-law personnel arrest offenders, with different arrest powers depending on rank and role.

If a detained person subject to military law is held for more than eight days without a court-martial, the commanding officer must send a special report, and repeat it every eight days until trial, summary dealing, or release.

A charge against a person subject to military law must be reported to that person’s commanding officer before the matter is taken further, and the commanding officer must investigate it in the prescribed manner.

Some charges may be dealt with summarily by an authority or commanding officer after investigation; otherwise they are to be sent for court-martial. A commanding officer may also dismiss certain charges if he thinks they should not be pursued.

This section tells a commanding officer what to do after investigating charges against certain soldiers: either take steps for court-martial, deal with the charge summarily, or follow special limits on punishments and elections.

Charges against officers or warrant officers must be submitted onward after investigation unless dismissed, and may then be handled summarily or by court-martial.

A higher authority may send a referred charge back to the commanding officer with directions to dismiss it, and the commanding officer must then dismiss it.

The section defines “commanding officer” and “appropriate superior authority,” and lets the President make regulations allowing commanding officers to delegate their powers.

The President may specify which charges can be dealt with summarily, and may also specify limits on punishment powers.

A court-martial has power, subject to this Act, to try persons subject to military law for offences triable by court-martial and to award punishments authorised by the Act.

Certain officers may convene a court-martial, and the authorisation can be limited, directed to named or designated officers, and later varied or revoked.

This section sets the required makeup of a court-martial and who may be appointed to it.

This section limits who may sit on a court-martial and requires a stated opinion in the convening order when a captain is appointed president instead of a suitable field officer.

A court-martial must sit at the place named in the convening order, and it may adjourn to another place in certain circumstances.

An accused facing court-martial can object to members of the court on reasonable grounds.

People involved in a court-martial must be sworn, and witnesses must usually testify on oath. Young child witnesses may sometimes give unsworn evidence if the court is satisfied about their understanding and truthfulness, and prosecution evidence from such a child needs corroboration before conviction.

A court-martial must sit in open court and in the presence of the accused, unless this section allows closed or in camera sitting.

The convening officer may dissolve a court-martial in specified circumstances, and a court-martial must be dissolved if it falls below the legal minimum or if the president cannot continue and the senior member is not a captain or higher.

Court-martial decisions are generally made by majority vote, but tied findings require acquittal and death sentences need unanimous concurrence.

A court-martial must announce each finding and any sentence in open court, and guilty findings and sentences are subject to confirmation.

A court-martial may convict an accused of a lesser, attempted, or related offence instead of the one originally charged, if the section’s conditions are met.

Courts-martial must follow the same evidence-admissibility rules as civil courts in Zambia, with specific rules for statutory declarations and judicial notice.

A witness at a court-martial, and anyone required to attend it, is entitled to the same immunities and privileges as a witness before the High Court.

A civilian who disobeys a court-martial summons or order, insults or disrupts the proceedings, or otherwise commits contempt-like conduct may have the matter certified to the High Court for punishment.

Some people who must take an oath for court-martial proceedings may instead make a solemn affirmation, and in some cases may also be required to affirm.

If a court-martial finds the accused guilty, it must send the record to a confirming officer; the finding or sentence does not count as the court’s finding or sentence until confirmed.

The accused may petition against the finding or sentence, or both, after being sentenced by a court-martial and within the prescribed time after confirmation is completed.

A confirming officer may order a court-martial to revise a guilty finding in limited cases, and the court may reconsider the finding and adjust the sentence within limits.

A confirming officer may confirm, withhold confirmation of, substitute, remit, commute, or postpone action on a court-martial finding or sentence, subject to stated conditions.

Some officers and the President may confirm a court-martial’s finding and sentence, but certain involved officers are barred from doing so.

A death sentence cannot be carried out unless the President or the constitutional advisory committee approves it.

A reviewing authority may review a confirmed court-martial finding or sentence, and must do so when a petition is duly presented, subject to this section.

The Commander may reconsider imprisonment or detention sentences passed by courts-martial, and must remit them if the offender’s conduct since conviction justifies remission.

Certain authorities may review a summary finding or award, quash a finding in defined cases, and change the award or punishment if needed.

A court-martial must find insanity in defined cases and keep the accused in custody until the President’s directions or fitness to stand trial, with confirmation required for one finding.

This section sets when certain military sentences start running, including rules for suspended sentences and a power for the reviewing authority to order an earlier start date in some cases.

This section sets rules for how military imprisonment or detention sentences are counted when a person is released, escapes, or is temporarily out of custody.

This section lets certain military authorities suspend a court-martial sentence of imprisonment or detention for a soldier, and it requires release if a suspended person is in custody.

A person generally cannot be required to serve a military detention sentence in a military or civil prison, but temporary detention there may be allowed for up to seven days under specified regulations.

A person sentenced to death or imprisonment who is sent to a civil prison must be treated the same way as someone there under a similar civil-court sentence.

The President may arrange with authorities outside Zambia for certain military sentences to be carried out or served in establishments under those authorities’ control.

Military prisoners may be moved within or out of Zambia, but certain court-martial sentences must be returned to Zambia; confirming officers or reviewing authorities can delay, revoke, or replace removal directions.

Prison and custody officials must receive and confine properly sent prisoners, and certain officials must keep a person in custody for up to seven days after a written military order, unless the person is discharged or handed over sooner.

This section says certain people remain treated as subject to military law for court-martial and related procedures, even after they stop being subject to it.

This section sets time limits for court-martial trials and stops trials or custody once those limits have passed.

A civil court’s jurisdiction is not restricted, except as provided in section 146.

A person subject to military law is barred from being tried again for an offence in certain cases, including after prior trial, dismissal or finding by a commanding officer, or condonation.

This section lets the Commander, or an officer authorised by the Board of Inquiry Rules, convene a board of inquiry to investigate specified military matters.

If a board of inquiry reports that an officer or soldier was absent without leave or other sufficient cause for at least 21 days, the report is to be recorded in the service books.

After a court-martial conviction for unlawfully obtaining property, the court-martial, confirming officer, or reviewing authority may order the property or related money to be returned or paid out as compensation.

The Chief Justice may appoint a judge advocate to act at any court-martial, but only when the Commander applies.

A required finding, sentence, determination, or other thing must be promulgated by communicating it to the accused or by another prescribed or directed method.

The Commander must keep court-martial records for the prescribed period, and a tried person—or, if they die within the relevant period, their personal representatives—may get a copy on demand and payment, unless the President certifies security reasons for nondisclosure.

No action may be brought for acts done under a military sentence of imprisonment or detention if the act would have been lawful except for a defect in the warrant or other instrument.

The President may make Rules of Procedure by statutory instrument for court-martial investigation, trial, punishment, and related procedures.

The President may make regulations about military imprisonment and detention matters by statutory instrument.

The President may make Board of Inquiry Rules by statutory instrument.

The President may make regulations by statutory instrument on the listed matters.

This section defines several terms used in Part V, including different kinds of prisons, sentences, and officers.

A person convicted by a court-martial may appeal to the supreme court with leave, unless the conviction involves a sentence of death, in which case the appeal is as of right without leave.

Leave to appeal must be applied for within 40 days, and death-sentence appeals must be lodged within 14 days; the Supreme Court can extend time in some cases.

The supreme court must allow or dismiss appeals against convictions based on the stated grounds, and may order a new trial arrangement if it allows the appeal.

The Supreme Court may change a court-martial result on appeal in certain special cases, including substituting findings or sentences and ordering custody for insanity cases.

A Supreme Court sentence under section 139 starts running from the same point it would have started in the appealed case, unless the court orders otherwise.

The Supreme Court’s determination of an appeal or other matter within this Part is final.

An appellant generally cannot be present at an appeal hearing in the supreme court or related preliminary/incidental proceedings, unless court rules or the supreme court allow it.

The Attorney-General must defend an appeal against conviction by court-martial.

An appellant may choose to present his case in writing instead of orally, if he wants to and uses the prescribed form.

A death sentence from a court-martial cannot be carried out until the appeal period ends, or until any lodged appeal or extension application is decided or abandoned.

If a court-martial conviction is quashed under this Part, the person cannot be tried again for the same offence by a court-martial or any other court.

Regulations may set how an appellant in custody is transported, held, and returned for certain court-related purposes.

When there is an appeal or application for leave to appeal against a court-martial conviction, the Commander must provide specified court-martial documents to the registrar of the supreme court.

The registrar of the supreme court must help process appeals and related applications, gather needed court-martial materials, and provide forms and instructions; prison or detention place officers must make those forms and instructions available to confined persons who want to appeal.

This section says Part 150 does not limit reviewing authorities’ powers under section 108 for certain court-martial convictions, and it does not limit the President’s prerogative of mercy.

When hearing an appeal from a court-martial, the supreme court must sit with an odd number of judges, and at least three judges.

A Judge of the Supreme Court may grant leave to appeal, extend the time to lodge an application or appeal, or allow an applicant or appellant to be present at proceedings.

Court rules for criminal appeals apply to appeals under this Part, and the Chief Justice must make rules of court for matters that this Part says must or may be prescribed.

Rules limit forfeitures and deductions from Defence Force officers’ or soldiers’ pay, and regulations cannot authorise penal deductions.

An officer or soldier of the Defence Force may lose pay for specified absences, imprisonment, detention, field punishment, or some hospital days linked to an offence.

If a Defence Force officer or soldier owes a civil-court fine, penalty, damages, compensation, or costs, and a military authority pays all or part of it, that payment may be deducted from the person’s pay.

The Commander may order a Defence Force officer or soldier to pay compensation for property loss or damage caused by wrongful act or negligence, and unpaid amounts may be deducted from pay.

If damage or loss happens in Defence Force premises or transport, unidentified members of the occupying unit may be required to help pay compensation, and the amount can be deducted from pay.

The president may remit a forfeiture or deduction imposed under this Part or under regulations, and regulations may provide another authority or method for remitting it.

Courts and the Defence Force Commander can arrange deductions from a defendant’s pay to satisfy certain maintenance-related orders.

The Commander or an authorised officer may order pay deductions from a Defence Force officer or soldier to maintain a wife or child under 16.

This section caps how much can be deducted from pay under sections 160 and 161, and says any forfeiture of pay applies only to the pay left after those deductions.

This section says certain process in maintenance proceedings against a Defence Force officer or soldier can be served on the person or the commanding officer, and may also be sent by registered post.

Defence Force officers and soldiers must follow the order of precedence prescribed by the President, and members of other military, naval, or air forces may be attached or seconded to the Defence Force with the President’s approval.

The President must appoint commanders for the Army and Air Force, and may set their rank, title, duties, and functions. Each commander may delegate duties, functions, and powers to officers under command, but not the power to delegate further.

The President may make regulations about who has command over part of the Defence Force or a member of it, and when that command is exercised.

When the Defence Force works with another military, naval, or air force, the President may place it under that force’s commander, and certain commanders may agree on command powers and rank order.

A Defence Force officer who feels wronged by a superior officer may complain to the Commander if redress is not obtained from the commanding officer.

Soldiers may complain to the proper officer, and officers receiving the complaint must investigate it and take necessary redress steps.

Officers or soldiers of the Regular Force are exempt from serving as assessors in any civil court.

Certain Defence Force-related persons, vehicles, goods, and animals are exempt from road, ferry, and bridge tolls in Zambia.

A judgment, decree, or order against a Defence Force officer or soldier cannot be enforced by seizing service property or using distress on it.

Police officers may arrest suspected Defence Force deserters or absentees without leave, and in some cases any person may do so; arrested persons must be brought before a subordinate court as soon as practicable and are not admitted to bail under this section.

A subordinate court may order a suspected absent Defence Force member into military custody or detention, and must do so in some cases.

If an absent Defence Force member surrenders to police, the officer must take him to a police station unless he surrendered there; the officer in charge must then investigate and may send him into military custody or bring him before a subordinate court.

When a person is delivered into military custody in these cases, a prescribed certificate must be signed and handed over.

Prison superintendents and similar custodians must receive and hold certain persons committed by a subordinate court until the court directs delivery into military custody.

A person who falsely claims to be a deserter, or who helps Defence Force personnel desert or hide, commits an offence and may be fined or imprisoned.

A person who wilfully obstructs or interferes with a Defence Force officer or soldier performing duty commits an offence.

A person commits an offence if they cause or supply sickness/disability or drugs to help a Defence Force officer or soldier avoid military service.

It is an offence to buy, receive, help dispose of, or handle military stores unless the person can prove one of the stated exceptions.

It is an offence for any person to receive, detain, or possess certain official documents about military pay, pensions, or mobilisation/demobilisation in the stated circumstances.

It is an offence for any person to buy, pawn, arrange the sale or pledging of, or act for someone in selling or pledging, certain Defence Force decorations, unless the awardee was dead or had stopped being a member of the Force.

This section says certain documents and certificates can be used as evidence in proceedings under the Act.

A certificate signed by specified court officers can serve as evidence of the stated matters in a civil trial involving a person subject to military law.

Court-martial records and certified copies may be used as evidence if the custody and certification requirements are met.

Certain prison or police-station officials must take into civil custody a person held under military custody if they receive a written order signed by the commanding officer, and may hold the person for up to seven days.

Assignments or charges over military pay, pensions, awards, grants, or allowances are void, and courts generally cannot make orders that redirect those payments to someone else.

Certain military officers may take statutory declarations outside Zambia from persons subject to military law.

Section 198 is repealed.

The Reserve Force is made up of officers and soldiers appointed under sections 11 and 19.

The competent military authority may discharge a Reserve Force soldier during the soldier’s term of service, on prescribed grounds.

Reserve officers and soldiers of the Reserve Force must report to the specified authority and attend the required medical board examination if prescribed by the President.

The President may order the Reserve Force, or any officer or soldier of it, to be employed when this is necessary or desirable in the public interest. Officers or soldiers called out for service may be posted or attached to units of the Regular, Territorial, or Reserve Force.

A Reserve Force soldier who would otherwise be due for discharge while the force is being employed under section 202 may be kept in service for a further term ordered by the President.

Reserve Force officers or soldiers must attend at the appointed time and place on embodiment unless they have lawful leave, sickness, or another allowed excuse.

The President may make regulations by statutory instrument for this Part and for the Reserve Force.

This section lists who is subject to military law under the Act, including certain officers and soldiers, Home Guard members in specified circumstances, and some Reserve Force personnel.

When the Defence Force is on active service, Part V applies to certain civilians connected with that part of the Force, with specified modifications.

Certain UK military or air force personnel seconded to the Defence Force stay subject to the Acts’ military or air force law, and not to this Act’s military law.

Most of the listed Parts do not apply to Home Guard members, except in specified employment or duty situations; similar limits apply to Reserve Force officers and soldiers.

The President may make regulations by statutory instrument for carrying out this Act and governing the Defence Force.

This section says regulations, rules, orders, or similar instruments made under the Act can cover specific cases, set different rules for different cases, impose conditions, require or forbid acts, set deadlines, and allow appeals. Some regulations may also be made retrospectively if the President thinks it is expedient for a benefit or to remove a disability for an officer or soldier.

This section lets an authorised officer sign certain orders and related instruments for a military officer or authority, unless regulations say otherwise.

This section treats certain defence units, commissions, enlistments, and promotions as if they were made under this Act, protects transferred personnel from worse service terms without consent, and lets the President decide questions arising under subsection (3).

Defence Force canteens, messes, and similar institutions are exempt from the Trades Licensing Act and the Clubs' Registration Act.

This provision refers to any offence against subsection (1) of section 29.

This provision refers to any offence against subsection (2) of section 29.

This provision refers to any offence against subsection (1) of section 30.

This provision refers to an offence against subsection (2) of section 30.

This provision refers to any offence against subsection (1) of section 36.

This provision refers to any offence against subsection (2) of section 36.

Section heading: communicating with or giving intelligence to.

It prohibits disclosing information without authority, especially where this is done with intent to assist the enemy.

This provision lists two violent acts against a superior officer: using violence, except by striking, and offering violence.

This fragment refers to using violence to a superior officer, but the text is cut off and the rule cannot be fully extracted.

This provision refers to offering violence to a superior officer, described here as striking him.

This provision concerns using threatening language to a superior officer.

This section concerns using insubordinate language to a superior officer.

This provision describes disobeying a lawful command as wilful defiance of authority in response to a lawful command given or sent personally.

This section concerns the offence of fraudulently misapplying property.

This provision refers to any offence under subsection (1) of section 59.

This section refers to any offence against subsection (2) of section 59.

An offence is referenced for conduct involving striking under subsection (1) of section 60.

This provision refers to corresponding offences involving violence: use of violence other than striking, and offering violence.

This text fragment says that an offence against section 60 involving the use of...

This section heading refers to a corresponding offence involving violence other than striking, and to the Second Schedule on transitional provisions and savings.

This section defines “the appointed day” and “the Defence Act.”

This section tells readers how certain Defence Act offences and related proceedings are to be treated under this Act, including when steps in proceedings after the appointed day count as valid.

After the appointed day, a person alleged to have committed certain offences spanning that day may be proceeded against as if the Act had already been in force.

An earlier instrument that authorises convening a court-martial stays in force after the appointed day if it was still in force on that day.

Some Defence Act enlistments and enlistment-term changes are treated as if they were done under this Act, if the stated conditions are met.

Certain pre-appointed-day discharge orders are treated as orders of the competent military authority for section 18(3).

This provision says the Act’s power to remit forfeitures and deductions can be used for forfeitures and deductions imposed under the Defence Act.

Some pre-existing pay forfeitures, deductions, and orders continue in force after the Defence Act stops applying.

Documents made before the appointed day remain admissible if they would have been admissible under the Defence Act.