(1) A person is not criminally responsible for an offence against section 223, 227A(1) or (2) or 227B(1) if—
(a) the person is, at the time of the
offence, a law enforcement officer acting in the course of the person’s
duties; and
(b) the person’s conduct is reasonable in the circumstances for
the performance of the duties.
(2) A person is not criminally responsible for
an offence against section 223, 227A(1) or (2) or 227B(1) in relation to an
intimate image or an observation or visual recording of another person who is
in lawful custody or subject to a supervision order 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 or supervision order; and
(b)
the person’s conduct is reasonable in the circumstances for the performance
of the duties.
Example—
• the observation of a person for the safety
of the person or another person
• the observation of a person providing a
urine sample for a drug test
"supervision order" , for a person, means an order under an Act or a law of
the Commonwealth or another State or made by an Australian court that subjects
the person to supervision including, for example, the following orders—