Document ID: chunk:federal_register_of_legislation:C2004C01241:clause:1_49a
Version: federal_register_of_legislation:C2004C01241
Segment Type: clause
Provision Reference: sch 1 cl 49A
Character Range: 76694–77829

49A  Assault against arresting person

 (1) A person who is a defence member or a defence civilian is guilty of 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.