Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 23

Absence from duty

  (1)   A defence member commits an offence if the member:

  (a)   is required to attend for duty; and

  (b)   does not attend for the duty.

Maximum punishment:   Imprisonment for 12 months.

  (2)   A defence member commits an offence if the member:

  (a)   is required to perform a duty; and

  (b)   ceases to perform the duty before he or she is permitted to do so.

Maximum punishment:   Imprisonment for 12 months.

  (3)   An offence under this section is an offence of strict liability.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (4)   It is a defence to a charge under this section if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (4). See section   13.4 of the Criminal Code .



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