Offences and civil sanctions

56Defences

I21

It is a defence for a person charged with an offence under a provision of this Act to show that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence.

I22

A person is taken to have shown that the person exercised all due diligence and took all reasonable precautions to avoid committing the offence if—

a

sufficient evidence of the fact is adduced to raise an issue with respect to it, and

b

the contrary is not proved beyond reasonable doubt.

I23

Subsection (1) does not apply to an offence under—

a

section 3(7),

b

section 7(9),

c

section 18(6),

d

section 32(9),

e

section 33(8),

f

section 41(5),

g

section 42(5)

h

section 66(5),

i

Schedule 4, or

j

paragraph 9(5) of Schedule 9.

I14

Regulations under this Act that create offences may provide for defences in relation to those offences.