Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_36
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 45989–48472

36  Dangerous conduct

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person knows of the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment: Imprisonment for 10 years.

 (2) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person is reckless as to the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment: Imprisonment for 5 years.

 (3) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person is negligent as to the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.

Maximum punishment: Imprisonment for 2 years.