Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_34
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 34
Character Range: 44936–45711

34  Assaulting an inferior

 (1) A defence member is guilty of an offence if:
 (a) the member assaults or ill‑treats a person; and
 (b) the person is a member of the Defence Force who is of inferior rank to the member.

Maximum punishment: Imprisonment for 2 years.

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

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

 (3) It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was a member of the Defence Force of inferior rank to the member.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

Division 4—Offences relating to performance of duty