Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 36

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

                     (a)  the person engages in conduct; and

                     (b)  the conduct is in or in connection with:

                              (i)  the operation, handling, servicing or storage; or

                             (ii)  the giving of directions with respect to the operation, handling, servicing or storage;

                            of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

                     (c)  the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

                     (d)  the first‑mentioned person knows of the matter mentioned in paragraph (c); and

                     (e)  where the person mentioned in paragraph (c) is an enemy person--the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment:        Imprisonment for 10 years.

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

                     (a)  the person engages in conduct; and

                     (b)  the conduct is in or in connection with:

                              (i)  the operation, handling, servicing or storage; or

                             (ii)  the giving of directions with respect to the operation, handling, servicing or storage;

                            of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

                     (c)  the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

                     (d)  the first‑mentioned person is reckless as to the matter mentioned in paragraph (c); and

                     (e)  where the person mentioned in paragraph (c) is an enemy person--the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment:        Imprisonment for 5 years.

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

                     (a)  the person engages in conduct; and

                     (b)  the conduct is in or in connection with:

                              (i)  the operation, handling, servicing or storage; or

                             (ii)  the giving of directions with respect to the operation, handling, servicing or storage;

                            of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and

                     (c)  the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and

                     (d)  the first‑mentioned person is negligent as to the matter mentioned in paragraph (c); and

                     (e)  where the person mentioned in paragraph (c) is an enemy person--the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment:        Imprisonment for 2 years.