Defences
Following a regulation will provide you with a defence in a prosecution for a breach of an obligation.
Following a code of practice will also provide you with a defence in a prosecution for a breach of an obligation.
If you do not follow a code of practice, you need to be able to show that:
- you took reasonable precautions and exercised proper diligence in choosing an appropriate alternative to manage exposure to the risk; or
- the breach occurred as a result of factors outside your control.
If no regulation or code of practice exists you need to show that you chose any appropriate way and took reasonable precautions, and exercised proper diligence to prevent the contravention.
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 17, 2005