Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 15A

Causing the capture or destruction of a service ship, aircraft or vehicle

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

                     (a)  the person engages in conduct; and

                     (b)  the conduct causes the capture or destruction by the enemy of a service ship, service aircraft or service armoured vehicle; and

                     (c)  by engaging in the conduct, the person intends to bring about that result.

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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