Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_15b
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 15B
Character Range: 23511–24166

15B  Aiding the enemy while captured

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person is captured by the enemy; and
 (b) the person serves with the enemy, aids the enemy in prosecuting hostilities or measures likely to influence morale or aids the enemy in any other manner that is not authorised by international law.

Maximum punishment: Imprisonment for life.

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