Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_24
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 35374–35969

24  Absence without leave

 (1) A defence member who is absent without leave is guilty of an offence.

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 was absent due to circumstances not reasonably within the member's control.

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

Division 3—Insubordination and violence