Document ID: chunk:federal_register_of_legislation:C2024C00861:section:23
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 23
Character Range: 96873–97703

23  Absence from duty
 (1) A defence member commits an offence if the member:
 (a) is required to attend for duty; and
 (b) does not attend for the duty.
Maximum punishment: Imprisonment for 12 months.
 (2) A defence member commits an offence if the member:
 (a) is required to perform a duty; and
 (b) ceases to perform the duty before he or she is permitted to do so.
Maximum punishment: Imprisonment for 12 months.
 (3) An offence under this section is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (4) It is a defence to a charge under this section if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.