133Defence of taking reasonable steps to comply with a direction

133 Defence of taking reasonable steps to comply with a direction

(1) It is a defence in a prosecution for an offence, or in proceedings for a civil penalty order, for a breach of a direction covered by subsection (2) if the defendant proves that the defendant took all reasonable steps to comply with the direction.

Note: A defendant bears a legal burden in relation to the matter in this subsection in a prosecution for an offence (see section 13.4 of the Criminal Code). The same applies in proceedings for a civil penalty.

(2) This subsection covers the following directions: (a) a direction given by the Regulator under: (i) Division 2 (general directions); or (ii) Division 3 (remedial directions); or (iii) a provision of the regulations; or (b) a direction given by the Minister under Division 3 (remedial directions).