Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) It is a defence to a prosecution under Part 3 or 4 that the Director, or a person authorised in writing by the Director for the purposes of this subsection, has consented, in writing, to the conduct of the person accused of the offence.
(2) It is a defence to a prosecution under Part 3 or 4 that the person accused of the offence was, at the time the offence was alleged to have been committed:
(a) the Director; or
(b) a staff member; or
(c) a member of the Board; or
(d) a consultant engaged under section 43 of the Act;
acting in accordance with the person's duties.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code .