13DPersons who are not criminally responsible for an offence under section 13A or 13B

### 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) > > > (1)  A person is not criminally responsible for an offence under [section 13A](#GS13A@EN) or [13B](#GS13B@EN) if – > > > > > > (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 > > > > > > > (b) the person's conduct is reasonable in the circumstances for the performance of those duties. > > > (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 – > > > > > > (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 > > > > > > > (b) the person's conduct is reasonable in the circumstances for the performance of the duties. > > > (3)  A person is not criminally responsible for an offence under [section 13A](#GS13A@EN) or [13B](#GS13B@EN) if – > > > > > > (a) the person is, at the time of the offence, acting in the course of the person's occupation or employment; and > > > > > > > (b) the person's conduct is reasonable in the circumstances for the performance of the occupation or employment. > > > (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.