Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_62
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 62
Character Range: 97069–97672

62  Commanding or ordering a service offence to be committed

 (1) A defence member is guilty of an offence if:
 (a) the member commands or orders a person to engage in conduct; and
 (b) the conduct would constitute the commission of a service offence.

Maximum punishment:
 (c) if the last‑mentioned offence is punishable by a fixed punishment—that fixed punishment; or
 (d) otherwise—a punishment that is not more severe than the maximum punishment for the last‑mentioned offence.

 (2) Strict liability applies to paragraph (1)(b).

Note: For strict liability, see section 6.1 of the Criminal Code.