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Traffic Act 1987
37Offence due to accident
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37 Offence due to accident
(1) A person is not liable to be found guilty of an offence against this
Act if that person proves, to the satisfaction of the court hearing the
case, that the offence could not have been avoided by any
reasonable efforts on that person's part.
(2) It is a defence to a prosecution for an offence against this Act if the
defendant satisfies the court that the action the defendant took was
reasonable in the circumstances and intended to evade a
dangerous situation which had arisen through no fault or negligence
on the defendant's part.