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CHILD CARE PAYMENTS ACT 1997 No. 195 of 1997 - SECT 246
Proceedings against non-corporations
(1) If, in proceedings for an offence against this Act in respect of conduct
engaged in by a person other than a body corporate, it is necessary to
establish the state of mind of the person, it is sufficient to show that:
(2) If:
the conduct is taken, for the purposes of a prosecution
for an offence against this Act, to have been engaged in by the person
unless the person establishes that he or she took reasonable
precautions and exercised due diligence to avoid the conduct.
(3) Despite any other provision in this Act, if:
(a) a person is convicted of
an offence; and
(b) the person would not have been convicted of the offence if subsections
(1) and (2) had not been in force;
the person is not liable to be
punished by imprisonment for that offence.
(4) A reference in this section to the state of mind of a person includes a
reference to:
(a) the knowledge, intention, opinion, belief or purpose of the
person; and
(b) the person's reasons for the intention, opinion, belief or purpose.
(5) A reference in this section to engaging in conduct includes a reference to
failing or refusing to engage in conduct.
(6) A reference in this section to an offence against this Act includes a
reference to an offence created by section 5, 6, 7 or 7A, or subsection 86
(1), of the Crimes Act 1914 that relates to this Act.
Note 1: For other
provisions about how this Act applies to non-corporations, see section 282
(treatment of unincorporated associations) and section 283 (treatment of
partnerships). Note 2: For proceedings for an offence in respect of conduct
engaged in by a body corporate, see Part 2.5 of the Criminal Code .
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