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
9 After subsection 477.3(1) of the Criminal Code
Insert:
(2) A person is not criminally responsible for an offence against subsection (1) 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: A defendant bears an evidential burden in relation to the matter in this subsection, see subsection 13.3(3).
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