The offence of a probationary driver failing to display a P plate under reg 55(1) of the Road Safety (Drivers) Regulations 2009 (Vic) is one of absolute liability; the Proudman v Dayman defence of honest and reasonable mistake of fact is not available. The starting point for inferring legislative intention as to mens rea must be the text of the specific provision in issue, not the Act or regulation as a whole.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
2 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.