Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 results in the destruction of, or damage to, service property; and
(c) the person intends that result.
Maximum punishment: Imprisonment for 5 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 results in the destruction of, or damage to, service property; and
(c) the person is reckless as to that result.
Maximum punishment: Imprisonment for 2 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 results in the destruction of, or damage to, service property; and
(c) the person is negligent as to that result.
Maximum punishment: Imprisonment for 6 months.
(4) It is a defence to a charge under subsection (1) if the person 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 (4). See section 13.4 of the Criminal Code .
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