Document ID: chunk:federal_register_of_legislation:F2024C00987:reg:26
Version: federal_register_of_legislation:F2024C00987
Segment Type: reg
Provision Reference: reg 26
Character Range: 23411–24178

26  Defences—consent of Director etc. to conduct
 (1) It is a defence to a prosecution under Part 3 or 4 that the Director, or a person authorised in writing by the Director for the purposes of this subsection, has consented, in writing, to the conduct of the person accused of the offence.
 (2) It is a defence to a prosecution under Part 3 or 4 that the person accused of the offence was, at the time the offence was alleged to have been committed:
 (a) the Director; or
 (b) a staff member; or
 (c) a member of the Board; or
 (d) a consultant engaged under section 43 of the Act;
acting in accordance with the person's duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.