Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.
Note: A defendant bears a legal burden in relation to the matter in this subsection in a prosecution for an offence (see section 13.4 of the Criminal Code) . The same applies in proceedings for a civil penalty.
(2) This subsection covers the following directions:
(a) a direction given by the Regulator under:
(i) Division 2 (general directions); or
(ii) Division 3 (remedial directions); or
(iii) a provision of the regulations; or
(b) a direction given by the Minister under Division 3 (remedial directions).