Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 36

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

  (a)   the person engages in conduct; and

  (b)   the conduct is in or in connection with:

  (i)   the operation, handling, servicing or storage; or

  (ii)   the giving of directions with respect to the operation, handling, servicing or storage;

    of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

  (c)   the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

  (d)   the first - mentioned person knows of the matter mentioned in paragraph   (c); and

  (e)   where the person mentioned in paragraph   (c) is an enemy person--the conduct is not in the execution of the first - mentioned person's duty.

Maximum punishment:   Imprisonment for 10 years.

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

  (a)   the person engages in conduct; and

  (b)   the conduct is in or in connection with:

  (i)   the operation, handling, servicing or storage; or

  (ii)   the giving of directions with respect to the operation, handling, servicing or storage;

    of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

  (c)   the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

  (d)   the first - mentioned person is reckless as to the matter mentioned in paragraph   (c); and

  (e)   where the person mentioned in paragraph   (c) is an enemy person--the conduct is not in the execution of the first - mentioned person's duty.

Maximum punishment:   Imprisonment for 5 years.

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

  (a)   the person engages in conduct; and

  (b)   the conduct is in or in connection with:

  (i)   the operation, handling, servicing or storage; or

  (ii)   the giving of directions with respect to the operation, handling, servicing or storage;

    of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

  (c)   the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

  (d)   the first - mentioned person is negligent as to the matter mentioned in paragraph   (c); and

  (e)   where the person mentioned in paragraph   (c) is an enemy person--the conduct is not in the execution of the first - mentioned person's duty.

Maximum punishment:   Imprisonment for 2 years.