Towing Services Act 2024

It is a defence to an offence prescribed by regulations made under section 146(2) to prove that —

the person did not know, and could not reasonably be expected to have known, that an offence was committed; and

either —

the person took all reasonable steps to prevent the contravention of the safety standard or the failure to ensure the safety standard was complied with, as the case may be; or

there were no steps the person could reasonably have taken to prevent the contravention of the safety standard or the failure to ensure the safety standard was complied with.

Without limiting subsection (1), in determining whether things done or omitted to be done by a person constitute reasonable steps, a court may have regard to the following —

the circumstances of the alleged offence;

the measures available and the measures taken to eliminate or minimise the risk of harm to any person;

the personal expertise or experience that the person or an employee or agent of the person had or ought to have had.