Commonwealth Consolidated Acts

DEFENCE FORCE DISCIPLINE ACT 1982 - SECT 49A

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

                     (a)  the person assaults another person; and

                     (b)  the other person:

                              (i)  has a power of arrest over him or her under section 89 and is arresting, or attempting to arrest, him or her in the exercise of that power; or

                             (ii)  is carrying out, or attempting to carry out, an order for his or her arrest under section 89; or

                            (iii)  is arresting, or attempting to arrest, him or her under a warrant under section 88 or 90; or

                            (iv)  has him or her in custody.

Maximum punishment:     Imprisonment for 12 months.

             (2)  In paragraph (1)(b), strict liability applies to the physical element of circumstance, that the conduct mentioned in that paragraph is lawful.

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

             (3)  It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully.

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