370PProof of state of mind not required

370P Proof of state of mind not required

370P Proof of state of mind not required

(1) In proceedings against a person for a contravention of a civil penalty provision, it is not necessary to prove the following—

(a) the person’s intention,

(b) the person’s knowledge,

(c) the person’s recklessness,

(d) the person’s negligence,

(e) another state of mind of the person.

(2) Subsection (1) does not apply to proceedings for—

(a) a contravention under section 91J(2), 340A(2) or 344(1) or (2), or

(b) a matter that is taken, for section 370B, 370C or 370D, to be a contravention.

(3) Despite subsection (1), the defence of honest and reasonable mistake of fact may be established.

s 370P: Ins 2025 No 70, Sch 3[138].