Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_26
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 26
Character Range: 36646–37721

26  Insubordinate conduct

 (1) A defence member is guilty of an offence if:
 (a) the member engages in conduct that is threatening, insubordinate or insulting to a person; and
 (b) the person is a superior officer.

Maximum punishment: Imprisonment for 6 months.

 (2) A defence member is guilty of an offence if:
 (a) the member uses language that is threatening, insubordinate or insulting about a person; and
 (b) the language is used in that person's presence; and
 (c) the person is a superior officer.

Maximum punishment: Imprisonment for 6 months.

 (3) An offence against 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 neither knew, nor could reasonably be expected to have known, that the person against whom the offence is alleged to have been committed was a superior officer.

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