National Transport Commission (Model Legislation - Heavy Vehicle Driver Fatigue) Regulations 2007
25Deciding whether persons ought reasonably to have known
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25 Deciding whether persons ought reasonably to have known
If, in a prosecution for an offence against this Act, it is relevant to prove that someone ought reasonably to have known something, the issue must be decided having regard to: (a) the person’s abilities, experience, expertise, knowledge, qualifications and training; and (b) the circumstances of the offence; and (c) any other matters prescribed by the regulations.