Australian Capital Territory Current 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

    (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.