Queensland Consolidated Acts

PUBLIC HEALTH (INFECTION CONTROL FOR PERSONAL APPEARANCE SERVICES) ACT 2003 - SECT 27

27 Defences for div 1

(1) Subsection (2) applies if—

(a) there is a proceeding against a person for an offence against section 19 relating to an infection risk; and

(b) there is an infection control guideline in force stating a way of minimising the infection risk; and

(c) the prosecution has proved that the person has not adopted or followed the stated way.

(2) In the proceeding against the person, it is a defence for the person to prove the person, under section 20 (2) (b) , adopted and followed another way that minimised the infection risk.

(3) Also, in a proceeding against a person for an offence against section 19 —

(a) it is a defence for the person to prove that the commission of the offence was due to causes over which the person had no control; and

(b) the Criminal Code , sections 23 and 24 , do not apply.

(4) In this section, a reference to an infection control guideline is a reference to the guideline as in force at the time of the alleged offence.