Document ID: chunk:federal_register_of_legislation:C2004A01287:clause:1_338a
Version: federal_register_of_legislation:C2004A01287
Segment Type: clause
Provision Reference: sch 1 cl 338A
Character Range: 100302–101099

338A  Liability of trustees required to ensure thing occurs

  A person who is a member of a group of individual trustees is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any contravention resulting from a failure by the person to ensure that a particular thing occurs if the person proves that he or she:
 (a) made all inquiries (if any) that were reasonable in the circumstances; and
 (b) after doing so, believed on reasonable grounds that his or her obligations were being complied with.

Note: In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in this section (see section 13.4 of the Criminal Code).