Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 40

Driving while intoxicated

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

  (a)   the person drives a service vehicle in any place, whether a public place or not; and

  (b)   the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

Maximum punishment:   Imprisonment for 12 months.

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

  (a)   the person drives a vehicle on service land; and

  (b)   the person is under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle.

Maximum punishment:   Imprisonment for 12 months.

  (3)   An offence under this section is an offence of absolute liability.

Note:   For absolute liability , see section   6.2 of the Criminal Code .



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