Document ID: chunk:federal_register_of_legislation:C2024C00861:section:35a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 35A
Character Range: 108494–109134

35A  Failure to perform duty or carry out activity
 (1) A defence member commits an offence if:
 (a) the member's office or appointment, or the requirements of the Defence Force, require the member to perform a duty or carry out an activity; and
 (b) the member fails to perform the duty or carry out the activity.
Maximum punishment: Dismissal from the Defence Force.
 (2) Strict liability applies to paragraph (1)(b).

Defence
 (3) Subsection (1) does not apply if the member has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).