What are the rules about driving under the influence in the Defence Force?

In Plain English

If you're a member of the Defence Force or a Defence civilian, it's against the law to drive a service vehicle or any vehicle on service land while under the influence of alcohol or drugs to the point where you can't properly control the vehicle. This rule applies everywhere, whether it's a public place or not. If you break this rule, you could face up to 12 months in jail. This is considered an "absolute liability" offence, meaning you can be found guilty regardless of your intent or knowledge.

Detailed Explanation

Section 40 of the Defence Force Discipline Act 1982 outlines the offences related to driving under the influence for Defence members and Defence civilians.

  • Offence: It is an offence if a Defence member or Defence civilian:
    • Drives a service vehicle in any place (public or not) while under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle (subsection 40(1)).
    • Drives a vehicle on service land while under the influence of intoxicating liquor or a drug to such an extent as to be incapable of having proper control of the vehicle (subsection 40(2)).
  • Maximum Punishment: Imprisonment for 12 months for both offences.
  • Absolute Liability: The offence is one of absolute liability (subsection 40(3)). This means that the prosecution does not need to prove any mental element (such as intent or knowledge) on the part of the accused. The act of driving under the influence is sufficient for a conviction. The note refers to section 6.2 of the Criminal Code for further information on absolute liability.
  • The Defence Legislation Amendment (Discipline Reform) Act 2021 also defines "intoxicated" in subsection 3(1) as: a person is intoxicated if, and only if, the person’s faculties are, because of the person being under the influence of intoxicating liquor or a drug (other than a drug administered by, or taken in accordance with the directions of, a person lawfully authorised to administer the drug), so impaired that the person is unfit to be entrusted with the person’s duty or with any duty that the person may be called on to perform.