Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 27

  (1)   A defence member commits an offence if:

  (a)   a person gives the member a lawful command; and

  (b)   the person giving the command is a superior officer; and

  (c)   the member disobeys the command.

Maximum punishment:   Imprisonment for 2 years.

  (2)   Strict liability applies to paragraphs   (1)(b) and (c).

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 neither knew, nor could reasonably be expected to have known, that the person who gave the command was a superior officer.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (3). See section   13.4 of the Criminal Code .