Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_40d
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 40D
Character Range: 55085–56184

40D  Driving without due care or attention etc.

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person drives a service vehicle in any place, whether a public place or not; and
 (b) the person does so without due care and attention or without reasonable consideration for another person in that place.

Maximum punishment:
 (c) if the person is a member of the Defence Force—a fine of the amount of the member's pay for 7 days; or
 (d) in any other case—a fine of $100.

 (2) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person drives a vehicle on service land; and
 (b) the person does so without due care and attention or without reasonable consideration for another person on that land.

Maximum punishment:
 (c) if the person is a member of the Defence Force—a fine of the amount of the member's pay for 7 days; or
 (d) in any other case—a fine of $100.

 (3) An offence under this section is an offence of absolute liability.

Note: For absolute liability, see section 6.2 of the Criminal Code.