DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 32 Person on guard or on watch

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 32

  (1)   A defence member commits an offence if the member is on guard duty or on watch and the member:

  (a)   sleeps at the member's post or on watch; or

  (b)   is not on duty at a post but sleeps when the member's duty requires him or her to be awake; or

  (c)   is intoxicated; or

  (d)   leaves his or her post before being regularly relieved or otherwise absents himself or herself from a place where it is the member's duty to be.

Maximum punishment:   Imprisonment for 12 months.

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

Note 1:   For strict liability , see section   6.1 of the Criminal Code .

Note 2:   For the meaning of intoxicated , see subsection   3(1).

  (3)   A defence member commits an offence if the member:

  (a)   is engaged on service in connection with operations against the enemy; and

  (b)   is on guard duty or on watch; and

  (c)   engages in conduct that constitutes an offence against subsection   (1).

Maximum punishment:   Imprisonment for 5 years.

  (4)   Strict liability applies to paragraph   (3)(c).

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

  (6)   It is a defence if a person charged with an offence under this section 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   (6). See section   13.4 of the Criminal Code .