Mistake or ignorance of subordinate legislation
9.4 Mistake or ignorance of subordinate legislation
A person can be criminally responsible for an offence even if, at the time of the conduct constituting the offence, he or she is mistaken about, or ignorant of, the existence or content of the subordinate legislation that directly or indirectly creates the offence or directly or indirectly affects the scope or operation of the offence.
Subsection (1) does not apply, and the person is not criminally responsible for the offence in those circumstances, if:
the subordinate legislation is expressly to the contrary effect; or
at the time of the conduct, the subordinate legislation:
has not been made available to the public (by means of the Register under the Legislation Act 2003 or otherwise); and
has not otherwise been made available to persons likely to be affected by it in such a way that the person would have become aware of its contents by exercising due diligence.
In this section:
available includes available by sale.
subordinate legislation means an instrument of a legislative character made directly or indirectly under an Act, or in force directly or indirectly under an Act.
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