Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 41

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

                     (a)  the member flies a service aircraft; and

                     (b)  by or in accordance with a lawful general order, there is a minimum height at which the member is authorised to fly; and

                     (c)  the height at which the member flies is less than that minimum height; and

                     (d)  the member is reckless or negligent as to the matter in paragraph (c).

Maximum punishment:        Imprisonment for 12 months.

             (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, of the general order.

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