Australian Capital Territory Consolidated Acts

CRIMINAL CODE 2002 - SECT 43A

    (1)     A person is not criminally responsible for an offence of possessing a particular material or thing if—

        (a)     the person is—

              (i)     employed by, or appointed as a member of, a law enforcement or justice agency; or

              (ii)     required to provide technical, professional or expert services to a law enforcement or justice agency; or

              (iii)     a legal practitioner, or a person employed by or required to provide technical, professional or expert services to a legal practitioner; and

        (b)     the possession is—

              (i)     for a law enforcement purpose; and

              (ii)     reasonable in the circumstances for that purpose.

    (2)     Possession of a particular material or thing is for a law enforcement purpose if the possession is necessary for, or of assistance in, any of the following:

        (a)     enforcing a law of the Commonwealth, a State or Territory;

        (b)     monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory;

        (c)     the administration of justice.

Examples—law enforcement purpose

1     police investigation

2     giving legal advice or providing legal representation

3     carrying out analyses or tests for forensic reasons

4     judicial service

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (3)     In determining a person's criminal responsibility, the question of whether a person's possession of a particular material or thing is for a law enforcement purpose is a question of fact.