578Defence of taking reasonable steps to comply with a direction

578 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: The defendant bears a legal burden in relation to 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 Joint Authority or NOPSEMA under: (i) Chapter 2; or (ii) this Chapter; or (iii) Part 7.1; or (iv) a regulation; or (b) a direction given by the responsible Commonwealth Minister under this Part or Division 1 of Part 6.4.

38 Paragraph 584(b)

After “Part 6.2”, insert “or Division 1 of Part 6.4”.

39 At the end of subsection 586(2)

Add:

Note 4: Breach of a direction may attract a criminal or civil penalty: see section 587B.

40 Subsections 586(5) and (5A)

Repeal the subsections.

41 At the end of subsection 586A(2)

Add:

Note 3: Breach of a direction may attract a criminal or civil penalty: see section 587B.

42 Subsections 586A(5) and (6)

Repeal the subsections.

43 Subsection 587(2) (note)

Omit “Note”, substitute “Note 1”.

44 At the end of subsection 587(2)

Add:

Note 2: Breach of a direction may attract a criminal or civil penalty: see section 587B.

45 Subsections 587(6) and (7)

Repeal the subsections.

46 At the end of subsection 587A(2)

Add:

Note: Breach of a direction may attract a criminal or civil penalty: see section 587B.

47 Subsections 587A(6) and (7)

Repeal the subsections.

48 After section 587A

Insert: