35AFailure to perform duty or carry out activity

35A  Failure to perform duty or carry out activity  (a) the member’s office or appointment, or the requirements of the Defence Force, require the member to perform a duty or carry out an activity; and  (b) the member fails to perform the duty or carry out the activity. Maximum punishment: Dismissal from the Defence Force. Defence  (3) Subsection (1) does not apply if the member has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in subsection (3) (see subsection 13.3(3) of the Criminal Code).