New South Wales Consolidated Acts New South Wales Consolidated ActsIn proceedings for a category 2 offence under this Division, it is a defence to the prosecution of an offence constituted by a person having prohibited matter in the person's possession, care, custody or control if the person charged with the offence proves that the person did not know, and could not reasonably be expected to have known, that the person had the prohibited matter in the person's possession, care, custody or control.
Note : A due diligence defence applies to category 1 offences. See Part 18.