Court Martial Act 2007 No 101 (as at 07 July 2010), Public Act

Act by section

Schedule 1
Alternative offences under 1971 Act of which accused may be convicted by Court Martial

s 58

Offence charged under 1971 ActAlternative offence under 1971 Act
1Section 23(1) (aiding the enemy with intent to assist the enemy).Section 23(2) (aiding the enemy knowingly and without lawful excuse).
2Section 24(1) (communicating with, giving intelligence to, or failing to report information about the enemy, with intent to assist the enemy).
  • (a) Section 24(2) (communicating with or giving intelligence to the enemy without authority, or failing to report information about the enemy without lawful excuse); or

  • (b) Section 25 (disclosing information without authority).

3Section 24(2) (communicating with or giving intelligence to the enemy without authority, or failing to report information about the enemy without lawful excuse).Section 25 (disclosing information without authority).
4Section 29(1)(b) (when before the enemy, using words which to his or her knowledge are likely to create despondency or unnecessary alarm).Section 29(2) (the corresponding offence without knowledge).
5Section 34(5)(a) (striking a person on guard duty or on watch).Section 34(5)(b) (using force against a person on guard duty or on watch otherwise than by striking him or her).
6Section 35(1)(a) (striking his or her superior officer).
  • (a) Section 35(1)(b) (using violence to his or her superior officer otherwise than by striking); or

  • (b) Section 35(1)(c) (offering violence to his or her superior officer).

7Section 35(1)(b) (using violence to his or her superior officer, other than by striking).Section 35(1)(c) (offering violence to his or her superior officer).
8Section 35(1)(c) (offering violence to his or her superior officer).Section 36(1)(a) (using threatening language to his or her superior officer).
9Section 36(1)(a) (using threatening language to his or her superior officer).
  • (a) Section 36(1)(b) (using insubordinate language to his or her superior officer); or

  • (b) Section 36(1)(c) (using insulting language to his or her superior officer).

10Section 36(1)(b) (using insubordinate language to his or her superior officer).Section 36(1)(c) (using insulting language to his or her superior officer).
11Section 41(a) (striking another person subject to this Act who is of inferior rank).Section 41(b) (ill-treating such a person otherwise than by striking him or her).
12Section 44(2)(a) (striking a member of the Armed Forces ordering offender into arrest).
  • (a) Section 44(2)(b) (using violence to a member of the Armed Forces ordering offender into arrest otherwise than by striking); or

  • (b) Section 44(2)(c) (offering violence to any such member of the Armed Forces).

13Section 44(2)(b) (using violence to a member of the Armed Forces who has ordered offender into arrest).Section 44(2)(c) (offering violence to any such member of the Armed Forces).
14Section 44(3)(a) (striking person who is apprehending an offender or who is holding him or her in custody).
  • (a) Section 44(3)(b) (using violence to any such person otherwise than by striking); or

  • (b) Section 44(3)(c) (offering violence to any such person).

15Section 44(3)(b) (using violence to any person who is apprehending an offender or who is holding him or her in custody).Section 44(3)(c) (offering violence to any such person).
16Section 46(1) (permitting the escape of prisoners and other persons in custody wilfully and without authority).Section 46(2) (doing certain specified acts with intent to facilitate escape).
17Section 47 (desertion).Section 48 (absence without leave).
18Sections 47 and 76 (attempting to desert).Section 48 (absence without leave).
19Section 57(1)(a) (stealing service property or property belonging, etc, to a person subject to service law).Section 57(1)(b) (fraudulently misapplying any such property).
20Section 58 (receiving service property or property belonging, etc, to a person subject to service law).Section 59 (being in possession of any such property without lawful excuse).
21Section 61(1) (wilful destruction of or damage to property).Section 61(2) (negligent destruction of or damage to property).
22Section 64(1) (losing or hazarding a ship, aircraft, or armoured fighting vehicle wilfully and without authority).Section 64(2) (losing or hazarding a ship, aircraft, or armoured fighting vehicle negligently).
23Section 67(1)(a) (reckless or dangerous driving).Section 67(2) (careless or inconsiderate driving).
  • Schedule 1 item 14: amended, on 7 July 2010, by section 4 of the Court Martial Amendment Act 2010 (2010 No 57).