Document ID: chunk:federal_register_of_legislation:C2025C00015:section:186:p2
Version: federal_register_of_legislation:C2025C00015
Segment Type: section
Provision Reference: s 186 (pt 2/2)
Character Range: 318880–319930

not guilty of that offence but guilty of an offence against subsection (2) if:
 (a) the trier of fact is not satisfied that the defendant is guilty of the offence against subsection (4) or (5); and
 (b) the trier of fact is satisfied that the defendant is guilty of the offence against subsection (2); and
 (c) the defendant has been accorded procedural fairness in relation to that finding of guilt.

Exception
 (7) Subsection (1), (4) or (5) does not apply if the person:
 (a) did not do the act, or omit to do the act, that constituted the failure to comply with the condition referred to in paragraph (1)(c), (4)(c) or (5)(c); and
 (b) did not aid, abet, counsel or procure that act or omission; and
 (c) was not in any way knowingly concerned in, or party to, that act or omission (whether directly or indirectly and whether by any act or omission of the person).
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).