Document ID: chunk:federal_register_of_legislation:C2024C00861:section:34
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 34
Character Range: 107108–107878

34  Assaulting a subordinate
 (1) A defence member commits an offence if:
 (a) the member assaults or ill‑treats a person; and
 (b) the person is a member of the Defence Force who is of subordinate rank to the member.
Maximum punishment: Imprisonment for 2 years.
 (2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the member proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was a member of the Defence Force of subordinate rank to the member.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.

Division 4—Offences relating to performance of duty