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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 60 Prejudicial conduct

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 60

Prejudicial conduct

  (1)   A defence member commits an offence if the member does an act that is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

Maximum punishment:   Imprisonment for 3 months.

  (1A)   A defence member commits an offence if:

  (a)   the member omits to perform an act; and

  (b)   the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

Maximum punishment:   Imprisonment for 3 months.

  (2)   An offence against subsection   (1) or (1A) is an offence of strict liability.

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

  (3)   It is a defence to a charge under subsection   (1) if the member proves that he or she had a reasonable excuse for the relevant act.

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

  (4)   It is a defence to a charge under subsection   (1A) if the member proves that he or she had a reasonable excuse for omitting to perform the relevant act.

Note:   The defendant bears a legal burden in relation to the matter in subsection   (4). See section   13.4 of the Criminal Code .