Punishment for non-attendance

(1) Any member of the volunteer element who, without leave lawfully granted or other reasonable excuse, fails to 83 appear at the time and place appointed for training, or when called out on temporary service or on permanent service, shall, (a) if called out on permanent service, be guilty, according to the circumstances, of desertion within the meaning of section 41 or of absenting himself without leave within the meaning of section 42; or (b) if called out on temporary service or for training, be guilty of absenting himself without leave within the meaning of section 42. (2) Any member of the volunteer element who commits any offence under this section shall be liable, (a) to be tried either summarily by his commanding officer or by court martial, and on conviction shall be punishable as for an offence under section 41 or, as the case may be, section 42; or (b) to be tried summarily by a magistrate’s court and on conviction shall be liable to a fine not exceeding three hundred dollars or imprisonment for any term not exceeding six months. (3) Section 71 shall apply to members of the volunteer element who commit an offence against this section as it applies to members of the regular force. (4) Where a member of the volunteer elements fails to appear at the time and place appointed for training or when called out on temporary service or on permanent service, and his absence continues for not less than twenty-one days, an entry of such absence shall be made by an officer in the service books 84 and such entry shall be prima facie evidence of the fact of such