Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A defence member is guilty of an offence if the member is engaged on service in connection with operations against the enemy and:
(a) the member:
(i) has a duty to be at a post, position or other place; and
(ii) leaves the post, position or place; or
(b) the member abandons his or her weapons or other equipment; or
(c) the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.
Maximum punishment: Imprisonment for 5 years.
(2) It is a defence if the member 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 .
(3) In this section:
"equipment" includes vehicles, ammunition, instruments and tools.
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