Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 44

Losing service property

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

  (a)   the person loses any property; and

  (b)   the property is, or forms part of, service property issued for the person's use, or entrusted to the person's care, in connection with the person's duties.

Maximum punishment:   Imprisonment for 6 months.

  (2)   Absolute liability applies to paragraph   (1)(a).

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

  (3)   It is a defence if the person proves that he or she took reasonable steps for the safe - keeping of the lost property.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (3). See section   13.4 of the Criminal Code .



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