Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 43

  (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 results in the destruction of, or damage to, service property; and

  (c)   the person intends that result.

Maximum punishment:   Imprisonment for 5 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 results in the destruction of, or damage to, service property; and

  (c)   the person is reckless as to that result.

Maximum punishment:   Imprisonment for 2 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 results in the destruction of, or damage to, service property; and

  (c)   the person is negligent as to that result.

Maximum punishment:   Imprisonment for 6 months.

  (4)   It is a defence to a charge under subsection   (1) if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (4). See section   13.4 of the Criminal Code .