Document ID: chunk:federal_register_of_legislation:C2024C00861:section:17
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 17
Character Range: 91852–92739

17  Leaving a post, abandoning equipment or otherwise failing to perform duty
 (1) A defence member commits an offence if the member is engaged on service in connection with operations against the enemy and:
 (a) the member:
 (i) has a duty to be at a post, position or other place; and
 (ii) leaves the post, position or place; or
 (b) the member abandons his or her weapons or other equipment; or
 (c) the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.
Maximum punishment: Imprisonment for 5 years.
 (2) It is a defence if the member proves that he or she had a reasonable excuse for the relevant conduct.
Note: The defendant bears a legal burden in relation to the matter in subsection (2). See section 13.4 of the Criminal Code.
 (3) In this section:
equipment includes vehicles, ammunition, instruments and tools.