Document ID: chunk:federal_register_of_legislation:C2025C00044:section:236
Version: federal_register_of_legislation:C2025C00044
Segment Type: section
Provision Reference: s 236
Character Range: 484289–485058

236  Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention

Scope
 (1) This section applies to the following proceedings:
 (a) criminal proceedings for an offence against the regulations;
 (b) section 175 proceedings for a contravention of a civil penalty provision;
 (c) proceedings under the Proceeds of Crime Act 2002 that relate to this Act.

Defence
 (2) In the proceedings, it is a defence if the defendant proves that the defendant took reasonable precautions, and exercised due diligence, to avoid the contravention in respect of which the proceedings were instituted.
Note: In criminal proceedings, a defendant bears a legal burden in relation to the matters in subsection (2)—see section 13.4 of the Criminal Code.