Criminal Code Act 1995

Subdivisions B and C (other than sections 80.2A, 80.2B, 80.2BA, 80.2BB, 80.2BC, 80.2BD and 80.2BE), and sections 83.1 and 83.4, do not apply to a person who:

tries in good faith to show that any of the following persons are mistaken in any of his or her counsels, policies or actions:

the Sovereign;

the Governor‑General;

the Governor of a State;

the Administrator of a Territory;

an adviser of any of the above;

a person responsible for the government of another country; or

points out in good faith errors or defects in the following, with a view to reforming those errors or defects:

the Government of the Commonwealth, a State or a Territory;

the Constitution;

legislation of the Commonwealth, a State, a Territory or another country;

the administration of justice of or in the Commonwealth, a State, a Territory or another country; or

urges in good faith another person to attempt to lawfully procure a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country; or

points out in good faith any matters that are producing, or have a tendency to produce, feelings of ill‑will or hostility between different groups, in order to bring about the removal of those matters; or

does anything in good faith in connection with an industrial dispute or an industrial matter; or

publishes in good faith a report or commentary about a matter of public interest.

A defendant bears an evidential burden in relation to the matter in subsection (1). See subsection 13.3(3).

In considering a defence under subsection (1), the Court may have regard to any relevant matter, including whether the acts were done:

for a purpose intended to be prejudicial to the safety or defence of the Commonwealth; or

with the intention of assisting a party:

engaged in armed conflict involving the Commonwealth or the Australian Defence Force; and

declared in a Proclamation made under section 80.1AB to be an enemy engaged in armed conflict involving the Commonwealth or the Australian Defence Force; or

with the intention of causing violence or creating public disorder or a public disturbance.

Without limiting subsection (2), in considering a defence under subsection (1) in respect of an offence against Subdivision C, the Court may have regard to any relevant matter, including whether the acts were done:

in the development, performance, exhibition or distribution of an artistic work; or

in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or

in the dissemination of news or current affairs.