43ALawful possession

43A Lawful possession (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

Lawful purpose Division 2.3.6 (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.

Part 2.4 Extensions of criminal