60Prejudicial conduct

60  Prejudicial conduct

 (1) A defence member commits an offence if the member does an act that is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

 (1A) A defence member commits an offence if:

 (a) the member omits to perform an act; and

 (b) the omission is likely to prejudice the discipline of, or bring discredit on, the Defence Force.

 (2) An offence against subsection (1) or (1A) is an offence of strict liability.

 (3) It is a defence to a charge under subsection (1) if the member proves that he or she had a reasonable excuse for the relevant act.

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

 (4) It is a defence to a charge under subsection (1A) if the member proves that he or she had a reasonable excuse for omitting to perform the relevant act.

Note: The defendant bears a legal burden in relation to the matter in subsection (4). See section 13.4 of the Criminal Code.

Division 8—Offences based on Territory offences