Queensland Consolidated Acts

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CRIMINAL CODE 1899 - SECT 227C

227C Persons who are not criminally responsible for offences against ss 227A and 227B

(1) A person is not criminally responsible for an offence against section 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 227A(1) or (2) or 227B(1) in relation to 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.
Examples of conduct that may be reasonable for the performance of duties--
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

(3) In this section--

lawful custody includes detention under the Mental Health Act 2000, in an authorised mental health service or a high security unit.

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--

(a) a community based order under the Penalties and Sentences Act 1992;
(b) a community based order or supervised release order under the Juvenile Justice Act 1992;
(c) a parole order or a conditional release order under the Corrective Services Act 2006;
(d) an intensive drug rehabilitation order under the Drug Court Act 2000;
(e) a supervision order or an interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.


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