Mistake of fact – strict liability
43BO Mistake of fact – strict liability
A body corporate can only rely on section 43AX in relation to conduct that would, apart from this section, constitute an offence on its part if:
the employee, agent or officer of the body corporate who engaged in the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have constituted an offence; and
the body corporate proves that it exercised due diligence to prevent the conduct.
A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:
inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or
failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.
This Act’s bill:Second reading speech
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