Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who is a defence member or a defence civilian is guilty of an offence if:
(a) the person has a duty to defend or destroy a place, post, service ship, service aircraft or service armoured vehicle; and
(b) the person knows of that duty; and
(c) the person abandons or surrenders to the enemy the place or thing mentioned in paragraph (a).
Maximum punishment: Imprisonment for 15 years.
(2) It is a defence if the person proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code .
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