Commonwealth Consolidated Acts Commonwealth Consolidated ActsIf mistake of fact is relevant to determining liability for an offence, the Commonwealth may rely on mistake of fact only if:
(a) the employee, agent or officer of the Commonwealth 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 Commonwealth proves it took reasonable precautions to prevent the conduct.