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Section 34 - Defence Force Discipline Act 1982 - Assaulting a subordinate — Zoe

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Defence Force Discipline Act 1982

34Assaulting a subordinate

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34 Assaulting a subordinate (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. (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

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