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Section : 245C Offences and the Commonwealth-mistake of fact
Domain : Human Resource Management
Classification : Not Identified
Text Content
If mistake of fact is relevant to determining liability for an offence, the Commonwealth may rely on mistake of fact only if: 190 Work Health and Safety Act 2011 Compilation date: 01/07/2024 Registered: 01/07/2024 Compilation No. 16
- (a) the employee, agent or officer of the Commonwealth who engaged in the conduct constituting the offence was under a mistaken but reasonable belief about facts that, had they existed, would have meant the conduct would not have constituted the offence; and
- (b) the Commonwealth proves it took reasonable precautions to prevent the conduct.