Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_40c
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 40C
Character Range: 54271–55085

40C  Driving a service vehicle for unauthorised purpose

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person:
 (i) drives a service vehicle in any place, whether a public place or not; and
 (ii) is not authorised to drive that vehicle; or
 (b) the person uses a service vehicle for an unauthorised purpose.

Maximum punishment: Imprisonment for 3 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) It is a defence to a charge under subsection (1) if the person proves that he or she had a reasonable excuse for the relevant conduct.

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