s 245C
In forceOffences and the Commonwealth—mistake of fact
Part 13Legal proceedings
Division 5The Commonwealth
245C Offences and the Commonwealth—mistake of fact
If mistake of fact is relevant to determining liability for an offence, the Commonwealth may rely on mistake of fact only if:
(a)
the employee, agent or officer of the Commonwealth 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 Commonwealth proves it took reasonable precautions to prevent the conduct.
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