175CMistake of fact

175C  Mistake of fact  (1) A person is not liable to have a declaration of contravention, a pecuniary penalty order, a relinquishment order or any other order made against the person for a contravention of a civil penalty provision if:  (a) at or before the time of the conduct constituting the contravention, the person:  (i) considered whether or not facts existed; and  (ii) was under a mistaken but reasonable belief about those facts; and  (b) had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.  (2) For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:  (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and  (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.  (3) A person who wishes to rely on subsection (1) or (2) in proceedings bears an evidential burden in relation to that matter.  (4) In subsection (3), evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.