Commonwealth Consolidated Acts

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DEFENCE ACT 1903 - SECT 106

Failure to provide sample

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

  (a)   an authorised person has required the defence member or defence civilian under section   94 to provide a sample; and

  (b)   the defence member or defence civilian refuses or fails to provide the sample.

Penalty :   Imprisonment for 6 months.

  (2)   In paragraph   ( 1)(a), strict liability applies to the physical element of circumstance, that the requirement is under section   94.

Note:   For strict liability , see section   6.1 of the Criminal Code .


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