Defence of due diligence
22 Defence of due diligence
In a proceeding for an offence against section 19, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.
Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that—
if a regulation prescribes a way in which a person’s general exhibition and dealing obligation can be discharged—the person followed the prescribed way; or
if a code of practice states a way in which a person’s general exhibition and dealing obligation can be discharged—the person adopted and followed the stated way.
This section is not intended to exclude the operation of the Criminal Code, section 24.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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