South Australian Current Acts South Australian Current Acts (1) It is a defence to
a charge of an offence against this Act if the defendant proves that the
offence was not committed intentionally and did not result from any failure on
the part of the defendant to take reasonable care to avoid the commission of
the offence.
(2) It is a defence to
a charge of an offence against this Act if the defendant proves that the act
or omission constituting the offence was reasonably necessary in the
circumstances in order to avert, eliminate or minimise danger to person or
property.
(2a) If a body
corporate or other employer seeks to establish a defence provided by this
section by proving the establishment of proper workplace systems and
procedures designed to prevent a contravention of this Act, that proof must be
accompanied by proof—
(a) that
proper systems and procedures were also in place whereby any such
contravention or risk of such contravention of this Act that came to the
knowledge of a person at any level in the workforce was required to be
reported promptly to the governing body of the body corporate or to the
employer, or to a person or group with the right to report to the governing
body or to the employer; and
(b) that
the governing body of the body corporate or the employer actively and
effectively promoted and enforced compliance with this Act and with all such
systems and procedures within all relevant areas of the workforce.
(3)
Subsection (1) does not apply in relation to a person who is charged with
an offence under section 93.