The defence of mistake of fact under s 24 Criminal Code 1899 (Qld) is available to pool owners charged under s 235 Building Act 1975 (Qld), but a three-monthly inspection regime of an old pool fence, without more vigilant monitoring arrangements such as emphatic instructions to tenants and more frequent inspections, is insufficient to establish a reasonable belief in compliance. The concept of reasonableness under s 24 must be understood in the context of the statutory duty on pool owners to ensure compliance.
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