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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 54A

Custodial offences

             (1)  A detainee who:

                     (a)  makes any unnecessary noise;

                     (b)  commits a nuisance;

                     (c)  is idle, careless or negligent at work;

                     (d)  without lawful authority, converses or otherwise communicates with another person (whether or not a detainee);

                     (e)  without lawful authority, gives any thing to, or receives any thing from, another person (whether or not a detainee);

                      (f)  without lawful authority, has in his or her possession any thing; or

                     (g)  without lawful authority, enters or leaves his or her cell;

commits an offence.

             (2)  A detainee who, while on leave of absence from a detention centre, refuses or fails to comply with a condition of the grant of the leave of absence commits an offence.

          (2A)  An offence under this section is an offence of strict liability.

Note:          For strict liability , see section 6.1 of the Criminal Code .

             (3)  It is a defence if a person charged with a custodial offence proves that he or she had a reasonable excuse for engaging in the behaviour to which the charge relates.

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

             (4)  The maximum punishment for a custodial offence is segregated confinement for 10 days.

             (5)  Subsection (4) has effect notwithstanding anything contained in section 64.

             (6)  If a person (other than a detainee) commits an offence against subsection (1) or (2) of this section by virtue of section 11.2 or 11.2A of the Criminal Code , that section has effect as if the maximum punishment for an offence against subsection (1) or (2) of this section were imprisonment for 10 days.



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