Criminal Code Act 1995
Section 3
CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:
]Subdivision A - Definitions
A person is not criminally responsible for an offence against section 71.4 or 71.5 if the conduct causing serious harm to another person is engaged in by the first-mentioned person:
(a) for the purpose of benefiting the other person or in pursuance of a socially acceptable function or activity; and
(b) having regard to the purpose, function or activity, the conduct was reasonable.
Note 1:
If a person causes less than serious harm to another person, the prosecution is obliged to prove that the harm was caused without the consent of the person harmed (see for example section 71.6 ).
Note 2:
A defendant bears an evidential burden in relation to the matter in this section, see subsection 13.3(3) .
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