Defence for sustainable biofuel requirement
35D Defence for sustainable biofuel requirement
In a proceeding for an offence against section 35B or 35C, it is a defence for the person charged with the offence to prove that the person took all reasonable steps to prevent the offence.
When deciding whether the person took all reasonable steps to prevent the offence, the court may consider the following—
efforts the person made to secure enough supply of a sustainable biofuel blend;
efforts the person made to promote the sale of a sustainable biofuel blend;
any upgrade of infrastructure the person arranged to enable enough sales of a sustainable biofuel blend;
facilities the person made available for the sale of a sustainable biofuel blend.
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