Document ID: chunk:federal_register_of_legislation:C2024C00861:section:60
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 60
Character Range: 162223–163431

60  Prejudicial conduct
 (1) A defence member commits an offence if the member does an act that is likely to prejudice the discipline of, or bring discredit on, the Defence Force.
Maximum punishment: Imprisonment for 3 months.
 (1A) A defence member commits an offence if:
 (a) the member omits to perform an act; and
 (b) the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.
Maximum punishment: Imprisonment for 3 months.
 (2) An offence against subsection (1) or (1A) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence to a charge under subsection (1) if the member proves that he or she had a reasonable excuse for the relevant act.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.
 (4) It is a defence to a charge under subsection (1A) if the member proves that he or she had a reasonable excuse for omitting to perform the relevant act.
Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

Division 8—Offences based on Territory offences