Commonwealth Consolidated Acts

DEFENCE ACT 1903 - SECT 51WB

             (1)  Subject to subsection (2), the fact that a criminal act was done, or purported to be done, by a member of the Defence Force under this Part under an order of a superior does not relieve the member of criminal responsibility.

             (2)  It is a defence to a criminal act done, or purported to be done, by a member of the Defence Force under this Part that:

                     (a)  the criminal act was done by the member under an order of a superior; and

                     (b)  the member was under a legal obligation to obey the order; and

                     (c)  the order was not manifestly unlawful; and

                     (d)  the member had no reason to believe that circumstances had changed in a material respect since the order was given; and

                     (e)  the member had no reason to believe that the order was based on a mistake as to a material fact; and

                      (f)  the action taken was reasonable and necessary to give effect to the order.

             (3)  Subsection (2) does not limit the defences that may be available to the person.