Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 34

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

                     (a)  the member assaults or ill‑treats a person; and

                     (b)  the person is a member of the Defence Force who is of subordinate rank to the member.

Maximum punishment:        Imprisonment for 2 years.

             (2)  Strict liability applies to paragraph (1)(b).

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 other person was a member of the Defence Force of subordinate rank to the member.

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