Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 16A

Failing to report information received from the enemy

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

  (a)   the person receives information from the enemy; and

  (b)   the person does not make the information known to proper authority; and

  (c)   the information is likely to be directly or indirectly useful in operations against the enemy; and

  (d)   the person knows or could reasonably be expected to know that the information is likely to be directly or indirectly useful in operations against the enemy.

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   (3). See section   13.4 of the Criminal Code .



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