Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 49

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

  (a)   the person is ordered into arrest; and

  (b)   the order is lawful; and

  (c)   the person disobeys the order.

Maximum punishment:   Imprisonment for 12 months.

  (2)   Strict liability applies to paragraphs   (1)(b) and (c).

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

  (3)   It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully.

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