Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 82 - Sabotage  

Subdivision B - Offences  

SECTION 82.10   Defences  

(1)  
It is a defence to a prosecution for an offence by a person against this Division if:


(a) the person is, at the time of the offence, a public official; and


(b) the person engaged in the conduct in good faith in the course of performing duties as a public official; and


(c) the conduct is reasonable in the circumstances for the purpose of performing those duties.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).

(2)  
It is a defence to a prosecution for an offence by a person against this Division if:


(a) the person is, at the time of the offence:


(i) an owner or operator of the public infrastructure; or

(ii) acting on behalf of, or with the consent of, an owner or operator of the public infrastructure; and


(b) the person engaged in the conduct in good faith; and


(c) the conduct is within the lawful authority of the owner or operator; and


(d) the conduct is reasonable in the circumstances for the purpose of exercising that lawful authority.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.