Australian Capital Territory Current Acts

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Corporation—mistake of fact—strict liability

A corporation may only rely on section 36 (Mistake of fact—strict liability) in relation to the conduct that would make up an offence by the corporation if—

        (a)     the employee, agent or officer of the corporation who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have been an offence; and

        (b)     the corporation proves that it exercised appropriate diligence to prevent the conduct.

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