(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 .