Commonwealth Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 244C

Mistake of fact

    If mistake of fact is relevant to determining liability for an offence, a body corporate may rely on mistake of fact only if:

  (a)   the employee, agent or officer of the body corporate who engaged in the conduct constituting the offence was under a mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and

  (b)   the body corporate proves it took reasonable precautions to prevent the conduct.



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