First of all, I don't see a downside in removing it, and I definitely see an upside to that happening.
A good soldier, a well-trained soldier, learns very early on what the rules are and what's expected of them. This rule doesn't have to be enforced for it to have an effect. They know that it's kind of dangerous to them, right? There's always this little thing lingering in the background.
I think that when they're not well, they don't need one more thought of, “Oh, my goodness, would they really do that to me? Would they lock me up?” I think that the National Defence Act is a fairly succinct act. I think every soldier is well schooled and disciplined, and I would respectfully suggest that if there's just one more thing that might make a difference, then what's the downside? Just get rid of it.
As I said before, I was personally astounded when I found out about this. I'm sure Stuart would have known about it, so yes, if it disappeared, it would just be a really good thing.