Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 16A

Failing to report information received from the enemy

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

                     (a)  the person receives information from the enemy; and

                     (b)  the person does not make the information known to proper authority; and

                     (c)  the information is likely to be directly or indirectly useful in operations against the enemy; and

                     (d)  the person knows or could reasonably be expected to know that the information is likely to be directly or indirectly useful in operations against the enemy.

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 (3). See section 13.4 of the Criminal Code .



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