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: The defendant bears a legal burden in relation to 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 Joint Authority, the Titles Administrator or NOPSEMA under:
(i) Chapter 2; or
(ii) this Chapter (other than Part 6.3 or Division 2 of Part 6.4); or
(iii) Part 7.1; or
(iv) a regulation; or
(b) a direction given by the responsible Commonwealth Minister under this Part or Division 1 of Part 6.4.