Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_27
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 27
Character Range: 37721–38441

27  Disobeying a lawful command

 (1) A defence member is guilty of an offence if:
 (a) a person gives the member a lawful command; and
 (b) the person giving the command is a superior officer; and
 (c) the member disobeys the command.

Maximum punishment: Imprisonment for 2 years.

 (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 member proves that he or she neither knew, nor could reasonably be expected to have known, that the person who gave the command was a superior officer.

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