Where a charge under s 7 of the Animal Welfare Act 1993 (Tas) alleges a method of management that includes omissions, the prosecution must establish that the omitted measures were reasonable ones to have been taken in the circumstances, having regard to the duty in s 6 to take 'all reasonable measures'. A corporate defendant seeking to raise honest and reasonable mistake of fact must adduce evidence from which it can be inferred that a person in a relevant relationship with the corporation (within the meaning of the attribution provision in s 3A(3)(a)) held an actual positive belief about the relevant facts; mere assertions of corporate reliance on declarations, without evidence identifying the relevant person and their belief, are insufficient to discharge the evidential burden.
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