Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 15F

Failing to carry out orders

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

  (a)   the person:

  (i)   is ordered by his or her superior officer to prepare for, or to carry out, operations against the enemy; or

  (ii)   is otherwise under orders to prepare for, or to carry out, operations against the enemy; and

  (b)   the person does not use his or her utmost exertions to carry those orders into effect.

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 .



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