Document ID: chunk:federal_register_of_legislation:C2024C00557:section:170:p2
Version: federal_register_of_legislation:C2024C00557
Segment Type: section
Provision Reference: s 170 (pt 2/2)
Character Range: 440558–442387

in by a person as mentioned in paragraph (3)(a) or (b); and
 (b) that the person had that state of mind.

Reasonable precautions
 (5) For the purposes of subsection (1) or (3), in determining whether a body corporate or other person took reasonable precautions and exercised due diligence to avoid particular conduct, a Court must have regard to what steps (if any) the body or person took directed towards ensuring the following (to the extent that the steps are relevant to the conduct):
 (a) that the body or person arranges regular professional assessments of the body's or person's compliance with this Act and each legislative instrument made under this Act;
 (b) that the body or person implements any appropriate recommendations arising from such an assessment;
 (c) that the directors of the body, or the employees or agents of the body or person, have a reasonable knowledge and understanding of the requirements to comply with this Act and each legislative instrument made under this Act in so far as those requirements affect the directors, employees or agents concerned.

Meaning of state of mind
 (6) A reference in subsection (2) or (4) to the state of mind of a person includes a reference to:
 (a) the knowledge, intention, opinion, belief or purpose of the person; and
 (b) the person's reasons for the intention, opinion, belief or purpose.

Meaning of director
 (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.

Meaning of engage in conduct
 (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

Division 10—General rules about offences and civil penalty provisions