Defence of taking reasonable steps to comply with a direction
578 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.
The defendant bears a legal burden in relation to 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 Joint Authority or NOPSEMA under:
Chapter 2; or
this Chapter; or
Part 7.1; or
a regulation; or
a direction given by the responsible Commonwealth Minister under this Part or Division 1 of Part 6.4.
38 Paragraph 584(b)
After “Part 6.2”, insert “or Division 1 of Part 6.4”.
39 At the end of subsection 586(2)
Add:
Breach of a direction may attract a criminal or civil penalty: see section 587B.
40 Subsections 586(5) and (5A)
Repeal the subsections.
41 At the end of subsection 586A(2)
Add:
Breach of a direction may attract a criminal or civil penalty: see section 587B.
42 Subsections 586A(5) and (6)
Repeal the subsections.
43 Subsection 587(2) (note)
Omit “Note”, substitute “Note 1”.
44 At the end of subsection 587(2)
Add:
Breach of a direction may attract a criminal or civil penalty: see section 587B.
45 Subsections 587(6) and (7)
Repeal the subsections.
46 At the end of subsection 587A(2)
Add:
Breach of a direction may attract a criminal or civil penalty: see section 587B.
47 Subsections 587A(6) and (7)
Repeal the subsections.
48 After section 587A
Insert:
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