Labour Hire Licensing Act 2017

Subject to subsection (3), in a prosecution for a contravention of a provision of this Act, it is a defence if the defendant establishes—

that the contravention was due to reasonable mistake; or

that the contravention was due to reasonable reliance on information supplied by another person; or

that—

the contravention was due to the act or default of another person, to an accident or to some other cause beyond the defendant's control; and

the defendant took reasonable precautions and exercised due diligence to avoid the contravention.

In subsection (1)(b) and (c)—

another person does not include a person who was—

a servant or agent of the defendant; or

in the case of a defendant that is a body corporate—a director, servant or agent of the defendant, at the time when the contravention occurred.

If a defence provided by subsection (1) involves an allegation that a contravention was due to reliance on information supplied by another person or to the act or default of another person, the defendant is not, without permission, entitled to rely on that defence unless the defendant has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person by whom the proceeding was instituted a notice in writing giving such information that would identify or assist in the identification of the other person as was then in the defendant's possession.

This section does not apply in relation to a prosecution for a contravention of section 11.