Page:Police Force Act 2004.pdf/69

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POLICE FORCE
69


(3) Every member of an Auxiliary Police Force shall, during the period of mobilisation, have the same powers and duties and the same protection and immunities of a police officer.

(4) Any person mobilised for active service under this section who without reasonable excuse, the proof whereof shall lie on him, refuses or neglects to perform such service shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.

(5) Where a member of an Auxiliary Police Force is mobilised to perform any general or special police duty, the employer of such auxiliary police officer shall provide the mobilised officer with the usual uniform, equipment, arms, ammunitions and such other accoutrements which are provided to the officer in his usual course of duties to enable the officer to discharge his duties effectively.

(6) No employer shall—

(a) dismiss a person solely or mainly by reason of any duty or liability which that person is, or may become, liable to perform or discharge by reason of his being, or being liable to be, called up for mobilised service under this section; or
(b) refuse to grant that person leave of absence during his period of mobilised service.

(7) Any employer who contravenes subsection (6) shall be guilty of an offence and shall be liable—

(a) on conviction of an offence under subsection (6)(a), to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both, and the court by which he is convicted may order the employer to pay to the dismissed person as compensation a sum not exceeding an amount equal to 3 months remuneration at the rate at which remuneration was last payable to him by the employer; and
(b) on conviction of an offence under subsection (6)(b), to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both.