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The legislation which deals with this defence is the Criminal Code Act 1913 at Section 25. It provides as follows:

(1) This section does not apply if section 32, 246, 247 or 248 applies.

(2) A person is not criminally responsible for an act done, or an omission made, in an emergency under subsection (3).

(3) A person does an act or makes an omission in an emergency if —

(a)  the person believes —

(i)  circumstances of sudden or extraordinary emergency exist; and

(ii)  doing the act or making the omission is a necessary response to the emergency;


(b)  the act or omission is a reasonable response to the emergency in the circumstances as the person believes them to be; and

(c)  there are reasonable grounds for those beliefs.

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