30. Additional matters concerning taking30. Additional matters concerning taking reasonable steps

30. Additional matters concerning taking reasonable steps

(1) A court may have regard to anything that it considers to be relevant when it is deciding whether things that the person did, or did not do, were reasonable steps, including – (a) the nature of the aspect or risk that the person was attempting to, or should have been attempting to, address; and (b) the likelihood of a risk eventuating; and (c) the degree of harm that would result if a risk did eventuate; and (d) if a driver has been speeding – the circumstances of the offence (for example, the risk category that the offence belongs to); and (e) the degree to which the person (either personally or through an agent or employee) had the ability to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and (f) the experience, expertise and knowledge that the person, or the person’s agent or employee, had or ought reasonably to have had; and (g) the availability and suitability of ways to eliminate, prevent or reduce an aspect, or to eliminate a risk or to minimise the likelihood of a risk eventuating; and (h) the cost of eliminating a risk or minimising the likelihood of a risk eventuating. (2) Evidence that the person had complied with a registered industry code of practice in relation to the matters that the offence relates to, is evidence that the person had taken reasonable steps.

Note: Industry codes of practice may be registered under section 179 (Registration of industry codes of practice) of the C & E Act or under a corresponding road law.

(3) However, a person who is charged with an offence may rely on subsection (2) only if she or he serves a notice of intention to do so on the prosecution at least 28 days before the day on which the hearing for the offence is to start.