32Defences

32 Defences

(1) It is a defence to a prosecution under Part 4 or this Part that, when the relevant conduct was engaged in, the Director had consented, in writing, to the conduct. (2) It is a defence to a prosecution under Part 4 or this Part that the person accused of the offence is: (a) a member of the Council; or (b) the Director; or (c) a staff member; or (d) an officer or employee mentioned in section 41 of the Act; or (e) a person engaged as a consultant under section 42 of the Act; or (f) a person employed under contract with the Museum; or (g) a person employed or engaged by a person mentioned in paragraph (f); or (h) a volunteer engaged by the Museum to assist the Museum; 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.