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) ).