Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 40C

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

  (a)   the person:

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

  (ii)   is not authorised to drive that vehicle; or

  (b)   the person uses a service vehicle for an unauthorised purpose.

Maximum punishment:   Imprisonment for 3 months.

  (2)   An offence under this section is an offence of strict liability.

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

  (3)   It is a defence to a charge under subsection   (1) 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 .