Document ID: chunk:federal_register_of_legislation:C2025C00176:section:51z
Version: federal_register_of_legislation:C2025C00176
Segment Type: section
Provision Reference: s 51Z
Character Range: 129134–130171

51Z  Defence of superior orders in certain circumstances
 (1) The fact that a criminal act was done, or purported to be done, by a member of the Defence Force under this Part under an order of a superior does not (subject to subsection (2)) relieve the member of criminal responsibility.
 (2) It is a defence to a criminal act done, or purported to be done, by a member of the Defence Force under this Part that:
 (a) the criminal act was done by the member under an order of a superior; and
 (b) the member was under a legal obligation to obey the order; and
 (c) the order was not manifestly unlawful; and
 (d) the member had no reason to believe that circumstances had changed in a material respect since the order was given; and
 (e) the member had no reason to believe that the order was based on a mistake as to a material fact; and
 (f) the action taken was reasonable and necessary to give effect to the order.
 (3) Subsection (2) does not limit the defences that may be available to the person.

Subdivision C—Other provisions