Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The fact that a criminal act was done, or purported to be done, by a member of the Defence Force under this Part under an order of a superior does not (subject to subsection (2)) relieve the member of criminal responsibility.
(2) It is a defence to a criminal act done, or purported to be done, by a member of the Defence Force under this Part that:
(a) the criminal act was done by the member under an order of a superior; and
(b) the member was under a legal obligation to obey the order; and
(c) the order was not manifestly unlawful; and
(d) the member had no reason to believe that circumstances had changed in a material respect since the order was given; and
(e) the member had no reason to believe that the order was based on a mistake as to a material fact; and
(f) the action taken was reasonable and necessary to give effect to the order.
(3) Subsection (2) does not limit the defences that may be available to the person.