New South Wales Consolidated Acts

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WORK HEALTH AND SAFETY ACT 2011 - SECT 244C

Mistake of fact

244C Mistake of fact

If mistake of fact is relevant to determining liability for an offence, a body corporate may rely on mistake of fact only if-

(a) the employee, agent or officer of the body corporate who carried out the conduct 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 body corporate proves it took reasonable precautions to prevent the conduct.



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