Document ID: chunk:federal_register_of_legislation:C2023A00053:clause:1_9
Version: federal_register_of_legislation:C2023A00053
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 6454–6947

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).