38Malingering

38  Malingering  (1) A defence member commits an offence if, with intent to make or keep himself or herself unfit for duty or service, the member:  (a) injures himself or herself or causes or permits himself or herself to be injured; or  (b) by act or omission, causes himself or herself to suffer from a sickness or disability or prolongs or aggravates a sickness or disability from which he or she is suffering.  (a) the member represents himself or herself to be suffering from a physical or mental condition; and  (b) the member makes the representation with intent to avoid duty or service; and  (c) the representation is false; and  (d) the member knows that the representation is false. Division 5—Offences relating to ships, vehicles, aircraft and weapons