Document ID: chunk:federal_register_of_legislation:C2024C00861:section:49a
Version: federal_register_of_legislation:C2024C00861
Segment Type: section
Provision Reference: s 49A
Character Range: 140723–141846

49A  Assault against arresting person
 (1) A person who is a defence member or a defence civilian commits an offence if:
 (a) the person assaults another person; and
 (b) the other person:
 (i) has a power of arrest over him or her under section 89 and is arresting, or attempting to arrest, him or her in the exercise of that power; or
 (ii) is carrying out, or attempting to carry out, an order for his or her arrest under section 89; or
 (iii) is arresting, or attempting to arrest, him or her under a warrant under section 88 or 90; or
 (iv) has him or her in custody.
Maximum punishment: Imprisonment for 12 months.
 (2) In paragraph (1)(b), strict liability applies to the physical element of circumstance, that the conduct mentioned in that paragraph is lawful.
Note: For strict liability, see section 6.1 of the Criminal Code.
 (3) It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully.
Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.