Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_37
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 37
Character Range: 49050–49912

37  Intoxicated while on duty etc.

 (1) A defence member is guilty of an offence if:
 (a) the member is on duty, or reports or should report for duty; and
 (b) the member is intoxicated (see subsection (3)).

Maximum punishment: Imprisonment for 6 months.

 (2) An offence under this section is an offence of strict liability.

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

 (3) For the purposes of this section, a person is intoxicated if, and only if, the person's faculties are, because of the person being under the influence of intoxicating liquor or a drug (other than a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the person is unfit to be entrusted with the person's duty or with any duty that the person may be called on to perform.