49AAssault against arresting person

49A  Assault against arresting person  (a) the person assaults another person; and  (b) the other person:  (i) has a power of arrest over him or her under section 89 and is arresting, or attempting to arrest, him or her in the exercise of that power; or  (ii) is carrying out, or attempting to carry out, an order for his or her arrest under section 89; or  (iii) is arresting, or attempting to arrest, him or her under a warrant under section 88 or 90; or  (iv) has him or her in custody.  (2) In paragraph (1)(b), strict liability applies to the physical element of circumstance, that the conduct mentioned in that paragraph is lawful.  (3) It is a defence if the person proves that he or she neither knew, nor could reasonably be expected to have known, that the other person was acting lawfully. Note: The defendant bears a legal burden in relation to the matter in subsection (3). See section 13.4 of the Criminal Code.