South Australian Public Health Act 2011

In any proceedings against a person for an offence under this Part, it is a defence to prove that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence.

Without limiting subsection (1), it is not proved that a person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence under this Part unless it is proved that the person—

had taken reasonable steps to prevent or avoid the circumstances that gave rise to the risk to public health, including by putting in place any systems or safeguards that might reasonably be expected to be provided;

and

complied with the requirements of any notice or order under this

Act that related to the risk to public health; and

as soon as becoming aware of the circumstances that gave rise to the risk to public health—

reported those circumstances to the Chief Public Health Officer, the Department or a council; and

took all reasonable steps necessary to prevent or reduce the risk to public health.

This section does not apply in relation to a person who is charged with an offence under section 106.