Document ID: chunk:federal_register_of_legislation:C2024C00861:section:49
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 49
Character Range: 140035–140723

49  Refusing to submit to arrest
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person is ordered into arrest; and
 (b) the order is lawful; and
 (c) the person disobeys the order.
Maximum punishment: Imprisonment for 12 months.
 (2) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.