sec.732ADefences for certain offences

### sec.732A Defences for certain offences This section provides defences in a proceeding against a person for a contravention of section 677 , 688 , 693 , 699 , 702 , 703 or 704 (the relevant sections ). To the extent the contravention is a contravention of a particular safety requirement, it is a defence in the proceedings to prove— if a regulation was made about the way to ensure the safety requirement was to be met—the person followed the way prescribed in the regulation to ensure the safety requirement was met; or subject to paragraph (a) , if a recognised standard was made stating a way or ways to ensure the safety requirement was to be met— that the person adopted and followed a stated way to ensure the safety requirement was met; or that the person adopted and followed another way that ensured the safety requirement was met that was equal to or better than the stated way for ensuring the safety requirement was met; or if no regulation or recognised standard prescribes or states a way to discharge the person’s obligation in relation to the safety requirement—that the person took reasonable precautions and exercised proper diligence to ensure the safety requirement was met. Also, it is a defence in a proceeding against a person for an offence against the relevant sections for the person to prove that the contravention was due to causes over which the person had no control. The Criminal Code , sections 23 (1) and 24 do not apply in relation to a contravention of section 677 , 688 , 693 , 699 , 702 , 703 or 704 . In this section— recognised standard means a recognised standard in force at the time of the contravention. safety requirement means a requirement— a person must comply with to ensure the safety of another person; or that a person must not do an act or make an omission that affects the safety of another person. s 732A ins 2004 No. 26 s 216 (sec.732A-ssec.1) This section provides defences in a proceeding against a person for a contravention of section 677 , 688 , 693 , 699 , 702 , 703 or 704 (the relevant sections ). (sec.732A-ssec.2) To the extent the contravention is a contravention of a particular safety requirement, it is a defence in the proceedings to prove— if a regulation was made about the way to ensure the safety requirement was to be met—the person followed the way prescribed in the regulation to ensure the safety requirement was met; or subject to paragraph (a) , if a recognised standard was made stating a way or ways to ensure the safety requirement was to be met— that the person adopted and followed a stated way to ensure the safety requirement was met; or that the person adopted and followed another way that ensured the safety requirement was met that was equal to or better than the stated way for ensuring the safety requirement was met; or if no regulation or recognised standard prescribes or states a way to discharge the person’s obligation in relation to the safety requirement—that the person took reasonable precautions and exercised proper diligence to ensure the safety requirement was met. (sec.732A-ssec.3) Also, it is a defence in a proceeding against a person for an offence against the relevant sections for the person to prove that the contravention was due to causes over which the person had no control. (sec.732A-ssec.4) The Criminal Code , sections 23 (1) and 24 do not apply in relation to a contravention of section 677 , 688 , 693 , 699 , 702 , 703 or 704 . (sec.732A-ssec.5) In this section— recognised standard means a recognised standard in force at the time of the contravention. safety requirement means a requirement— a person must comply with to ensure the safety of another person; or that a person must not do an act or make an omission that affects the safety of another person. - (a) if a regulation was made about the way to ensure the safety requirement was to be met—the person followed the way prescribed in the regulation to ensure the safety requirement was met; or - (b) subject to paragraph (a) , if a recognised standard was made stating a way or ways to ensure the safety requirement was to be met— (i) that the person adopted and followed a stated way to ensure the safety requirement was met; or (ii) that the person adopted and followed another way that ensured the safety requirement was met that was equal to or better than the stated way for ensuring the safety requirement was met; or - (i) that the person adopted and followed a stated way to ensure the safety requirement was met; or - (ii) that the person adopted and followed another way that ensured the safety requirement was met that was equal to or better than the stated way for ensuring the safety requirement was met; or - (c) if no regulation or recognised standard prescribes or states a way to discharge the person’s obligation in relation to the safety requirement—that the person took reasonable precautions and exercised proper diligence to ensure the safety requirement was met. - (i) that the person adopted and followed a stated way to ensure the safety requirement was met; or - (ii) that the person adopted and followed another way that ensured the safety requirement was met that was equal to or better than the stated way for ensuring the safety requirement was met; or - (a) a person must comply with to ensure the safety of another person; or - (b) that a person must not do an act or make an omission that affects the safety of another person.