South Australian Current Acts South Australian Current Acts (1) In any proceedings
against a person for an offence under this Part, it is a defence to prove that
the person took all reasonable precautions and exercised all due diligence to
prevent the commission of the offence.
(2) Without limiting
subsection (1), it is not proved that a person took all reasonable
precautions and exercised all due diligence to prevent the commission of the
offence under this Part unless it is proved that the person—
(a) had
taken reasonable steps to prevent or avoid the circumstances that gave rise to
the risk to public health, including by putting in place any systems or
safeguards that might reasonably be expected to be provided; and
(b)
complied with the requirements of any notice or order under this Act that
related to the risk to public health; and
(c) as
soon as becoming aware of the circumstances that gave rise to the risk to
public health—
(i)
reported those circumstances to the
Chief Public Health Officer, the Department or a council; and
(ii)
took all reasonable steps necessary to prevent or reduce
the risk to public health.
(3) This section does
not apply in relation to a person who is charged with an offence under
section 106.