National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 (53 of 2023)

Schedule 1   Amendments

Part 2   Defences for certain national infrastructure related offences

Criminal Code Act 1995

6   After subsection 474.6(4) of the Criminal Code

Insert:

(4A) A person is not criminally responsible for an offence against subsection (1) or (3) if:

(a) the person is, at the time of the offence, an ASIO officer acting in good faith in the course of the person's duties; and

(b) the conduct of the person is reasonable in the circumstances for the purpose of performing that duty.

Note 1: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).

Note 2: See also subsection 475.1(2) for the interaction between this defence and the Radiocommunications Act 1992.