Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 44

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

                     (a)  the person loses any property; and

                     (b)  the property is, or forms part of, service property issued for the person's use, or entrusted to the person's care, in connection with the person's duties.

Maximum punishment:        Imprisonment for 6 months.

             (2)  Absolute liability applies to paragraph (1)(a).

Note:          For absolute liability , see section 6.2 of the Criminal Code .

             (3)  It is a defence if the person proves that he or she took reasonable steps for the safe‑keeping of the lost property.

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