Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 35A

  (1)   A defence member commits an offence if:

  (a)   the member's office or appointment, or the requirements of the Defence Force, require the member to perform a duty or carry out an activity; and

  (b)   the member fails to perform the duty or carry out the activity.

Maximum punishment:   Dismissal from the Defence Force.

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

Defence

  (3)   Subsection   (1) does not apply if the member has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).