Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_15
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 22124–22806

15  Abandoning or surrendering a post etc.

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person has a duty to defend or destroy a place, post, service ship, service aircraft or service armoured vehicle; and
 (b) the person knows of that duty; and
 (c) the person abandons or surrenders to the enemy the place or thing mentioned in paragraph (a).

Maximum punishment: Imprisonment for 15 years.

 (2) 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 (2). See section 13.4 of the Criminal Code.