32Defence of due diligence

32 Defence of due diligence

(1)  In any proceedings for an offence under this Act it is a defence if it is proved that the person took all reasonable precautions and exercised all due diligence to prevent the commission of the offence by the person or by another person under the person's control.

(2)  Without limiting the ways in which a person may satisfy the requirements of subsection (1) , a person satisfies those requirements if it is proved –

(a) that the commission of the offence was due to –

(i) an act or default of another person; or

(ii) reliance on information supplied by another person; and

(b) that –

(i) the person carried out all such checks of the primary produce concerned as were reasonable in all the circumstances; or

(ii) it was reasonable in the circumstances to rely on checks carried out by another person.

(3)  Without limiting the ways in which a person may satisfy the requirements of this section, a person may satisfy those requirements by proving that in the case of an offence relating to a primary production activity for which a food safety program has been prepared in accordance with a food safety scheme, the person complied with the food safety program.

(4)  In this section –

another person does not include a person who was –

(a) an employee or agent of the defendant; or

(b) in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.