Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A defence member commits an offence if:
(a) a person is in custody on a charge; and
(b) the member is required by or under this Act to take action to have the charge dealt with in accordance with this Act; and
(c) the member does not take the action.
Maximum punishment: Imprisonment for 12 months.
(2) A defence member commits an offence if:
(a) a person in custody is entitled to be released; and
(b) the member is required by or under this Act to take action to release, or to order the release of, the person; and
(c) the member does not take the action.
Maximum punishment: Imprisonment for 12 months.
(3) It is a defence to a charge under this section if the member proves that he or she had a reasonable excuse for not taking the required action.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code .