Document ID: chunk:federal_register_of_legislation:C2006A00003:clause:6_51wb
Version: federal_register_of_legislation:C2006A00003
Segment Type: clause
Provision Reference: sch 6 cl 51WB
Character Range: 65702–66710

51WB  Defence of superior orders in certain circumstances

 (1) Subject to subsection (2), 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 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.