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COMMONWEALTHAct
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s 244C

Mistake of fact

In force
Part 13Legal proceedings
Division 4Offences by bodies corporate

244C Mistake of fact

If mistake of fact is relevant to determining liability for an offence, a body corporate may rely on mistake of fact only if:

(a)

the employee, agent or officer of the body corporate who engaged in the conduct constituting the offence was under a mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and

(b)

the body corporate proves it took reasonable precautions to prevent the conduct.

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