Defence of taking reasonable steps to comply with a direction
133 Defence of taking reasonable steps to comply with a direction
It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.
A defendant bears a legal burden in relation to the matter in this subsection in a prosecution for an offence (see section 13.4 of the Criminal Code). The same applies in proceedings for a civil penalty.
This subsection covers the following directions:
a direction given by the Regulator under:
Division 2 (general directions); or
Division 3 (remedial directions); or
a provision of the regulations; or
a direction given by the Minister under Division 3 (remedial directions).
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