Document ID: chunk:federal_register_of_legislation:C2021A00133:clause:1_9dm
Version: federal_register_of_legislation:C2021A00133
Segment Type: clause
Provision Reference: sch 1 cl 9DM
Character Range: 15406–16327

9DM  Disciplinary infringement provision—negligent discharge of weapon
 (1) A prescribed defence member contravenes this subsection if:
 (a) the member engages in conduct; and
 (b) the conduct causes, or contributes to, the discharge of a weapon; and
 (c) the member is negligent as to that result.
 (2) For the purposes of paragraph (1)(c), in deciding whether the prescribed defence member is negligent, to the extent that it is required to have regard to the standard of care of a reasonable person to make that decision, regard is to be had to the standard of care that would have been exercised by a reasonable person who:
 (a) was a defence member with the same training and experience in the Defence Force or other armed force as the prescribed defence member; and
 (b) was engaged in the conduct in the course of the member's duty or in accordance with the requirements of the Defence Force, as the case may be.