26Defences—consent of Director etc. to conduct

26 Defences—consent of Director etc. to conduct

(1) It is a defence to a prosecution under Part 3 or 4 that the Director, or a person authorised in writing by the Director for the purposes of this subsection, has consented, in writing, to the conduct of the person accused of the offence. (2) It is a defence to a prosecution under Part 3 or 4 that the person accused of the offence was, at the time the offence was alleged to have been committed: (a) the Director; or (b) a staff member; or (c) a member of the Board; or (d) a consultant engaged under section 43 of the Act; acting in accordance with the person’s duties.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code.