Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_23
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 23
Character Range: 34525–35374

23  Absence from duty

 (1) A defence member is guilty of an offence if the member:
 (a) is required to attend for duty; and
 (b) does not attend for the duty.

Maximum punishment: Imprisonment for 12 months.

 (2) A defence member is guilty of an offence if the member:
 (a) is required to perform a duty; and
 (b) ceases to perform the duty before he or she is permitted to do so.

Maximum punishment: Imprisonment for 12 months.

 (3) An offence under this section is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

 (4) It is a defence to a charge under this section if the person proves that he or she had a reasonable excuse for engaging in the relevant conduct.

Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.