803Personation, false representation and assumption of title

803 Personation, false representation and assumption of title

(1) A person is guilty of an offence if:

(a) the person:

(i) impersonates a member of the Australian Army; or

(ii) falsely represents himself or herself to be a member of the Australian Army or a former member of the Australian Army; and

(b) the person does so with intent to deceive.

Penalty: 10 penalty units.

(2) To avoid doubt, for subregulation (1):

(a) impersonation does not include conduct engaged in solely for satirical or other artistic purposes; and

(b) false representation does not include conduct engaged in solely for satirical or other artistic purposes.

(3) A person commits an offence if the person assumes the title of a rank in the Australian Army that the person does not hold.

Penalty: 10 penalty units.

(4) Subregulation (3) does not apply if the person has a reasonable excuse.

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

Notes to the Australian Military Regulations 1927

Note 1

Note: The Australian Military Regulations 1927 (in force under the Defence Act 1903) as shown in this compilation comprise Statutory Rules 1927 No. 149 amended as indicated in the Tables below.

Note: Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non‑exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Note: > Note: Table of Instruments