236Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention

236 Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention

Scope (1) This section applies to the following proceedings: (a) criminal proceedings for an offence against the regulations; (b) section 175 proceedings for a contravention of a civil penalty provision; (c) proceedings under the Proceeds of Crime Act 2002 that relate to this Act. Defence (2) In the proceedings, it is a defence if the defendant proves that the defendant took reasonable precautions, and exercised due diligence, to avoid the contravention in respect of which the proceedings were instituted.

Note: In criminal proceedings, a defendant bears a legal burden in relation to the matters in subsection (2)—see section 13.4 of the Criminal Code.