Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 31

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

                     (a)  the person obstructs another person; and

                     (b)  that other person:

                              (i)  is a police member acting in the performance of his or her duty; or

                             (ii)  is lawfully exercising authority under or on behalf of a service police officer.

Maximum punishment:        Imprisonment for 12 months.

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

                     (a)  the member is called on to assist another person; and

                     (b)  that other person:

                              (i)  is a police member acting in the performance of his or her duty; or

                             (ii)  is lawfully exercising authority under or on behalf of a service police officer; and

                     (c)  the member refuses to assist that other person.

Maximum punishment:        Imprisonment for 12 months.

             (3)  In paragraphs (1)(b) and (2)(b), strict liability applies to the physical element of circumstance, that the person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer.

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 neither knew, nor could reasonably be expected to have known, that the other person was a police member, or a person lawfully exercising authority under or on behalf of a service police officer, as the case requires.

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