TASIn ForceAct
Police Offences Act 1935
13DPersons who are not criminally responsible for an offence under section 13A or 13B
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### 13D Persons who are not criminally responsible for an offence under section 13A or 13B
> [*\[Section 13D Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS5@EN)
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> > (1) A person is not criminally responsible for an offence under [section 13A](#GS13A@EN) or [13B](#GS13B@EN) if –
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> > > > (a) the person is, at the time of the offence, a law enforcement officer acting in the course of the person's duties as such an officer; and
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> > > > (b) the person's conduct is reasonable in the circumstances for the performance of those duties.
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> > (2) A person is not criminally responsible for an offence under [section 13A](#GS13A@EN) or [13B](#GS13B@EN) in relation to an observation or visual recording of another person who is in lawful custody if –
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> > > > (a) the person is, at the time of the offence, acting in the course of the person's duties in relation to the other person's lawful custody; and
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> > > > (b) the person's conduct is reasonable in the circumstances for the performance of the duties.
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> > (3) A person is not criminally responsible for an offence under [section 13A](#GS13A@EN) or [13B](#GS13B@EN) if –
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> > > > (a) the person is, at the time of the offence, acting in the course of the person's occupation or employment; and
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> > > > (b) the person's conduct is reasonable in the circumstances for the performance of the occupation or employment.
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> > (4) The onus of proving the matter or thing referred to in [paragraphs (a)](#GS13D@Gs3@Hpa@EN) and [(b)](#GS13D@Gs3@Hpb@EN) of [subsection (3)](#GS13D@Gs3@EN) lies on the person referred to in those paragraphs.