Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_49
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 49
Character Range: 75994–76694

49  Refusing to submit to arrest

 (1) A person who is a defence member or a defence civilian is guilty of an offence if:
 (a) the person is ordered into arrest; and
 (b) the order is lawful; and
 (c) the person disobeys the order.

Maximum punishment: Imprisonment for 12 months.

 (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 person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully.

Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.