Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A defence member who commands or orders a person to commit a service offence (the relevant service offence ) commits an offence.
Maximum punishment:
(a) if the relevant service offence is punishable by a fixed punishment--that fixed punishment; or
(b) otherwise--a punishment that is not more severe than the maximum punishment for the relevant service offence.
(2) For the defence member to be guilty, the defence member must be reckless as to whether the relevant service offence is committed.
(3) Subsection (2) has effect subject to subsection (6).
(4) The defence member may be found guilty even if:
(a) the relevant service offence is not committed; or
(b) committing the relevant service offence is impossible.
(5) Any defences, procedures, limitations or qualifying provisions that apply to the relevant service offence apply also to the offence of commanding or ordering a person to commit the relevant service offence.
(6) Any special liability provisions (within the meaning of the Criminal Code ) that apply to the relevant service offence apply also to the offence of commanding or ordering a person to commit the relevant service offence.
(7) It is not an offence to command or order a person to commit an offence against any of the following provisions of the Criminal Code :
(a) section 11.1 (attempt);
(b) section 11.4 (incitement);
(c) section 11.5 (conspiracy).