Commonwealth Numbered Regulations

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NATIONAL LIBRARY REGULATIONS 2018 (F2018L01295) - REG 32

Defences

             (1)  It is a defence to a prosecution under Part 3 or this Part that, when the relevant conduct was engaged in, the Director-General had consented, in writing, to the conduct.

             (2)  It is a defence to a prosecution under Part 3 or this Part that the person accused of the offence is:

                     (a)  a member of the Council; or

                     (b)  the Director-General; or

                     (c)  a staff member; or

                     (d)  a person engaged as a consultant to the Library; or

                     (e)  a person employed under contract with the Library; or

                      (f)  a person employed or engaged by a person mentioned in paragraph (e); or

                     (g)  a volunteer engaged by the Library to assist the Library;

acting in accordance with the person's duties.

Note:          A defendant bears an evidential burden in relation to the matters in this section: see subsection 13.3(3) of the Criminal Code .



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