Tasmanian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

POLICE POWERS (SURVEILLANCE DEVICES) ACT 2006 (NO. 22 OF 2006) - SECT 4

Meaning of "reckless"
(1)  A person is "reckless" in relation to a circumstance if –
(a) the person is aware of a substantial risk that the circumstance exists or will exist; and
(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.
(2)  A person is "reckless" in relation to a result if –
(a) the person is aware of a substantial risk that the result will happen; and
(b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.
(3)  It is a question of fact as to whether taking a risk is unjustifiable.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback