Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A defence member who is absent without leave commits an offence.
Maximum punishment: Imprisonment for 12 months.
(2) An offence under subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
(3) It is a defence if the member proves that he or she was absent due to circumstances not reasonably within the member's control.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .