Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) A court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including -
(a) the nature of the aspect or risk that the person was attempting to, or should have been attempting to, address; and
(b) the likelihood of a risk eventuating; and
(c) the degree of harm that would result if a risk did eventuate; and
(d) if a driver has been speeding - the circumstances of the offence (for example, the risk category that the offence belongs to); and
(e) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
(f) the experience, expertise and knowledge that the person, or the person's agent or employee, had or ought reasonably to have had; and
(g) the availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and
(h) the cost of eliminating a risk or minimising the likelihood of a risk eventuating.
(2) Evidence that the person had complied with a registered industry code of practice in relation to the matters that the offence relates to, is evidence that the person had taken reasonable steps.
Note Industry codes of practice may be registered under section 179 (Registration of industry codes of practice) of the C & E Act or under a corresponding road law.
(3) However, a person who is charged with an offence may rely on subsection (2) only if she or he serves a notice of intention to do so on the prosecution at least 28 days before the day on which the hearing for the offence is to start.