Commonwealth Consolidated Acts

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DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 29

Failing to comply with a general order

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

                     (a)  a lawful general order applies to the person; and

                     (b)  the person does not comply with the order.

Maximum punishment:     Imprisonment for 12 months.

             (2)  An offence under subsection (1) is an offence of strict liability.

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 order.

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



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