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Statutory Offences to Sabotage Offences

Statutory defences to sabotage offences are contained in section 82.10 of the Criminal Code Act 1995 (Cth), which provides that you are not guilty of an offence under section 82.3 to 82.9 of the Act.

If you are able to establish ‘on the balance of probabilities’ that:

  1. You were a public official
  2. Your conduct was in good faith
  3. Your conduct was in the course of performing your duties as a public official, and
  4. Your conduct was reasonable in the circumstances.

Or:

  1. You were an owner or operator of public infrastructure, or you were acting on behalf of, or with the consent of, an owner or operator of public infrastructure
  2. You acted in good faith
  3. Your conduct was within the lawful authority of the owner or operator, and
  4. Your conduct was reasonable in the circumstances.

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