Document ID: chunk:federal_register_of_legislation:C2024C00861:section:28
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 28
Character Range: 100714–101831

28  Failing to comply with a direction in relation to a ship, aircraft or vehicle
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person is in or near a service ship, service aircraft or service vehicle; and
 (b) the person is given a lawful direction by, or with the authority of, the person in command of the ship, aircraft or vehicle; and
 (c) the direction:
 (i) relates to the sailing or handling of the ship, the flying or handling of the aircraft or the handling of the vehicle; or
 (ii) affects the safety of the ship, aircraft or vehicle or of the persons on board the ship, aircraft or vehicle; and
 (d) the first‑mentioned person does not comply with the direction.
Maximum punishment: Imprisonment for 2 years.
 (2) Strict liability applies to paragraph (1)(d).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) 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 (3). See section 13.4 of the Criminal Code.