Document ID: chunk:federal_register_of_legislation:C2024C00861:section:36
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 36
Character Range: 109134–111595

36  Dangerous conduct
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person knows of the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.
Maximum punishment: Imprisonment for 10 years.
 (2) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person is reckless as to the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.
Maximum punishment: Imprisonment for 5 years.
 (3) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct is in or in connection with:
 (i) the operation, handling, servicing or storage; or
 (ii) the giving of directions with respect to the operation, handling, servicing or storage;
  of a ship, aircraft or vehicle or a weapon, missile, explosive or other dangerous thing or equipment; and
 (c) the conduct causes, or is likely to cause, the death of or grievous bodily harm to another person; and
 (d) the first‑mentioned person is negligent as to the matter mentioned in paragraph (c); and
 (e) where the person mentioned in paragraph (c) is an enemy person—the conduct is not in the execution of the first‑mentioned person's duty.
Maximum punishment: Imprisonment for 2 years.