Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_17
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 29402–30301

17  Leaving a post, abandoning equipment or otherwise failing to perform duty

 (1) A defence member is guilty of an offence if the member is engaged on service in connection with operations against the enemy and:
 (a) the member:
 (i) has a duty to be at a post, position or other place; and
 (ii) leaves the post, position or place; or
 (b) the member abandons his or her weapons or other equipment; or
 (c) the member does not properly perform his or her duty in any other manner in attacking or defending against the enemy.

Maximum punishment: Imprisonment for 5 years.

 (2) It is a defence if the member 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 (2). See section 13.4 of the Criminal Code.

 (3) In this section:

equipment includes vehicles, ammunition, instruments and tools.