Effect of being unaware of variation or cancellation of authority
131 Effect of being unaware of variation or cancellation of authority
If an authority is varied in a way that limits its scope, this Division continues to apply to any participant in the operation as if the authority had not been varied in that way, for so long as the participant —
is unaware of the variation; and
is not reckless about the existence of the variation.
If an authority for a controlled operation is cancelled, this Division continues to apply to any participant in the operation as if the authority had not been cancelled in that way, for so long as the participant —
is unaware of the cancellation; and
is not reckless about the existence of the cancellation.
For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if —
the person is aware of a substantial risk that the variation or cancellation has happened; and
having regard to the circumstances known to the person, it is unjustifiable to take the risk.
[Section 131 inserted: No. 78 of 2003 s. 17.]
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