Document ID: chunk:federal_register_of_legislation:C2024C00861:section:27
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 27
Character Range: 100006–100714

27  Disobeying a lawful command
 (1) A defence member commits an offence if:
 (a) a person gives the member a lawful command; and
 (b) the person giving the command is a superior officer; and
 (c) the member disobeys the command.
Maximum punishment: Imprisonment for 2 years.
 (2) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the person who gave the command was a superior officer.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.