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11 1940

DEFENCE FORCES (TEMPORARY PROVISIONS) (No. 2) ACT, 1940

Chapter II.

Extension of offences against Military Law.

Offences against military law.

45. —(1) Every person subject to military law who commits any offence mentioned in the third column of the Sixth Schedule to this Act shall on conviction by court-martial be liable to suffer the punishment set out in the fourth column of the said Schedule opposite the mention of such offence or such less punishment as is mentioned in section 70 of the Principal Act.

(2) Every offence mentioned in the third column of the Sixth Schedule to this Act shall be deemed to be an offence mentioned in the Principal Act, and the Principal Act shall apply and have effect accordingly.

Application of section 80 of the Principal Act to certain offences.

46. —The offences mentioned in the third column of the Sixth Schedule to this Act opposite reference numbers 6, 7, 8, 12, 13, and 16 shall, for the purposes of sections 81 , 82 , 85 , 86 and 86A of the Principal Act, be deemed to be included amongst the offences mentioned in section 80 of the Principal Act, and the said sections 81 , 82 , 85 , 86 and 86A shall have effect accordingly.

Amendment or section 82 of the Principal Act.

47. —The reference in section 82 (which relates to punishments which may be summarily awarded to a private soldier by a commanding officer) of the Principal Act (which said section was inserted in the Principal Act by section 22 of the Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 (No. 38 of 1924),) to confinement to barracks shall, in relation to a private soldier or a seaman employed on a State ship, be construed as including a reference to stoppage of shore leave.

Amendment of section 86A of the Principal Act.

48. —The reference in section 86A (which relates to summary disposition of a charge against a private soldier by a subordinate officer) of the Principal Act (which said section was inserted in the Principal Act by section 27 of the Defence Forces (Temporary Provisions) Act, 1923 (Continuance and Amendment) Act, 1924 (No. 38 of 1924),) to confinement to barracks shall, in relation to a private soldier or a seaman employed on a State ship, be construed as including a reference to stoppage of shore leave.