Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 27

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

                     (a)  a person gives the member a lawful command; and

                     (b)  the person giving the command is a superior officer; and

                     (c)  the member disobeys the command.

Maximum punishment:        Imprisonment for 2 years.

             (2)  Strict liability applies to paragraphs (1)(b) and (c).

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

             (3)  It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the person who gave the command was a superior officer.

Note:          The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .