sec.45Defences for div 2 , 3 or 3A

### sec.45 Defences for div 2 , 3 or 3A It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove— if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or subject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk— that the person adopted and followed a stated way to prevent the contravention; or that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or if no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention. Also, it is a defence in a proceeding against a person for an offence against section 31 for the person to prove that the commission of the offence was due to causes over which the person had no control. The Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 31 . In this section, a reference to a guideline is a reference to the guideline in force at the time of the contravention. s 45 amd 2018 No. 28 s 62 (sec.45-ssec.1) It is a defence in a proceeding against a person for a contravention of an obligation imposed on the person under division 2 , 3 or 3A in relation to a risk for the person to prove— if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or subject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk— that the person adopted and followed a stated way to prevent the contravention; or that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or if no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention. (sec.45-ssec.2) Also, it is a defence in a proceeding against a person for an offence against section 31 for the person to prove that the commission of the offence was due to causes over which the person had no control. (sec.45-ssec.3) The Criminal Code , sections 23 and 24 , do not apply in relation to a contravention of section 31 . (sec.45-ssec.4) In this section, a reference to a guideline is a reference to the guideline in force at the time of the contravention. - (a) if a regulation has been made about the way to achieve an acceptable level of risk—the person followed the way prescribed in the regulation to prevent the contravention; or - (b) subject to paragraph (a) , if a guideline has been made stating a way or ways to achieve an acceptable level of a risk— (i) that the person adopted and followed a stated way to prevent the contravention; or (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or - (i) that the person adopted and followed a stated way to prevent the contravention; or - (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or - (c) if no regulation prescribes or no guideline states a way to discharge the person’s safety and health obligation in relation to the risk—that the person took reasonable precautions and exercised proper diligence to prevent the contravention. - (i) that the person adopted and followed a stated way to prevent the contravention; or - (ii) that the person adopted and followed another way that achieved a level of risk that is equal to or better than the acceptable level to prevent the contravention; or