Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_44
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 44
Character Range: 58937–59677

44  Losing service property

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person loses any property; and
 (b) the property is, or forms part of, service property issued for the person's use, or entrusted to the person's care, in connection with the person's duties.

Maximum punishment: Imprisonment for 6 months.

 (2) Absolute liability applies to paragraph (1)(a).

Note: For absolute liability, see section 6.2 of the Criminal Code.

 (3) It is a defence if the person proves that he or she took reasonable steps for the safe‑keeping of the lost property.

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