Criminal Code 2002

A person is not criminally responsible for an offence of possessing a particular material or thing if—

the person is—

employed by, or appointed as a member of, a law enforcement or justice agency; or

required to provide technical, professional or expert services to a law enforcement or justice agency; or

a legal practitioner, or a person employed by or required to provide technical, professional or expert services to a legal practitioner; and

the possession is—

for a law enforcement purpose; and

reasonable in the circumstances for that purpose.

Possession of a particular material or thing is for a law enforcement purpose if the possession is necessary for, or of assistance in, any of the following:

enforcing a law of the Commonwealth, a State or Territory;

monitoring compliance with, or investigating a contravention of, a law of the Commonwealth, a State or Territory;

the administration of justice.

Examples—law enforcement purpose

1 police investigation

2 giving legal advice or providing legal representation

3 carrying out analyses or tests for forensic reasons

4 judicial service

In determining a person’s criminal responsibility, the question of whether a person’s possession of a particular material or thing is for a law enforcement purpose is a question of fact.

Part 2.4 Extensions of criminal responsibility