Document ID: chunk:federal_register_of_legislation:C2024A00118:clause:2_10kh:p2
Version: federal_register_of_legislation:C2024A00118
Segment Type: clause
Provision Reference: sch 2 cl 10KH (pt 2/3)
Character Range: 84041–86715

the individual provides the children's contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children's contact services for or on behalf of the entity.
Penalty:
 (a) for an individual—50 penalty units; or
 (b) for a body corporate—250 penalty units.
 (7) Subsection (6) does not apply to a person if, at or before the time that the children's contact service is provided as mentioned in paragraph (6)(a), the person:
 (a) considered whether or not the entity was a CCS business; and
 (b) is under a mistaken but reasonable belief about that matter.
Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3(3) of the Criminal Code).

Person responsible for non‑legal person providing services through an individual who is not a CCS practitioner
 (8) A person commits an offence if:
 (a) an individual provides a children's contact service for or on behalf of an entity that is not a legal person; and
 (b) the entity is a CCS business; and
 (c) the Accreditation Rules provide for accreditation of CCS practitioners; and
 (d) the individual is not a CCS practitioner; and
 (e) at the time the individual provides the children's contact service, the person is a person who controls, directs or organises (whether alone or jointly with other persons) the provision of children's contact services for or on behalf of the entity.
Penalty:
 (a) for an individual—50 penalty units; or
 (b) for a body corporate—250 penalty units.
 (9) Subsection (8) does not apply to a person if, at or before the time that the individual provided the children's contact service as mentioned in paragraph (8)(a), the person:
 (a) considered whether or not the individual was a CCS practitioner; and
 (b) is under a mistaken but reasonable belief about that matter.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Strict liability
 (10) Strict liability applies to subsections (1), (2), (3), (5), (6) and (8).

Mistake of fact defences
 (11) For the purposes of subsections (4), (7) and (9), a person may be regarded as having considered whether or not the individual was a CCS practitioner, or the entity was a CCS business, (as applicable) if:
 (a) the person had considered on a previous occasion whether that was the case in the circumstances surrounding that occasion; and
 (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.