32Defences

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.