Defences
Under the Electrical Safety Act 2002 (PDF, 788 KB), if you are charged with a breach of an obligation, in some circumstances you may be able to provide a valid defence by:
- establishing that the offence was due to causes beyond your control (Section 46)
- establishing that you chose an appropriate way, took reasonable precautions and exercised proper diligence to discharge the safety obligation, where there was no regulation, ministerial notice or code of practice that told you how to meet your obligation under the circumstances (Section 47)
Sections 23 (Intention – motive) and 24 (Mistake of fact) of the Criminal Code Act 1899 (PDF, 1.5 mB), dealing with accidental acts or omissions, or a mistaken belief, are not a valid defence.
Last updated July 16, 2005
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