Criminal Code Act. Australia

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      80.3 Defence for acts done in good faith

      (1) Subdivisions B and C do not apply to a person who:

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

      (i) the Sovereign;

      (ii) the Governor-General;

      (iii) the Governor of a State;

      (iv) the Administrator of a Territory;

      (v) an adviser of any of the above;

      (vi) a person responsible for the government of another country; or

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

      (i) the Government of the Commonwealth, a State or a Territory;

      (ii) the Constitution;

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

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

      (c) 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

      (d) 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

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

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

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

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

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

      (b) with the intention of assisting an enemy:

      (i) at war with the Commonwealth; and

      (ii) specified by Proclamation made for the purpose of paragraph 80.1AA(1)(b) to be an enemy at war with the Commonwealth; or

      (c) with the intention of assisting another country, or an organisation, that is engaged in armed hostilities against the Australian Defence Force; or

      (d) with the intention of assisting a proclaimed enemy of a proclaimed country (within the meaning of subsection 24AA(4) of the Crimes Act 1914); or

      (e) with the intention of assisting persons specified in paragraphs 24AA(2)(a) and (b) of the Crimes Act 1914; or

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

      (3) 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:

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

      (b) 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

      (c) in the dissemination of news or current affairs.