Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 28

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

  (a)   the person is in or near a service ship, service aircraft or service vehicle; and

  (b)   the person is given a lawful direction by, or with the authority of, the person in command of the ship, aircraft or vehicle; and

  (c)   the direction:

  (i)   relates to the sailing or handling of the ship, the flying or handling of the aircraft or the handling of the vehicle; or

  (ii)   affects the safety of the ship, aircraft or vehicle or of the persons on board the ship, aircraft or vehicle; and

  (d)   the first - mentioned person does not comply with the direction.

Maximum punishment:   Imprisonment for 2 years.

  (2)   Strict liability applies to paragraph   (1)(d).

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

  (3)   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 .