Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 23

Absence from duty

             (1)  A defence member is guilty of an offence if the member:

                     (a)  is required to attend for duty; and

                     (b)  does not attend for the duty.

Maximum punishment:        Imprisonment for 12 months.

             (2)  A defence member is guilty of an offence if the member:

                     (a)  is required to perform a duty; and

                     (b)  ceases to perform the duty before he or she is permitted to do so.

Maximum punishment:        Imprisonment for 12 months.

             (3)  An offence under this section is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (4)  It is a defence to a charge under this section if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.

Note:          The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code .



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