Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 15

  (1)   A person who is a defence member or a defence civilian commits an offence if:

  (a)   the person has a duty to defend or destroy a place, post, service ship, service aircraft or service armoured vehicle; and

  (b)   the person knows of that duty; and

  (c)   the person abandons or surrenders to the enemy the place or thing mentioned in paragraph   (a).

Maximum punishment:   Imprisonment for 15 years.

  (2)   It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (2). See section   13.4 of the Criminal Code .