Document ID: chunk:federal_register_of_legislation:C2020A00135:clause:3_9
Version: federal_register_of_legislation:C2020A00135
Segment Type: clause
Provision Reference: sch 3 cl 9
Character Range: 59614–60504

9  After subsection 12GBCN(3)
Insert:
 (3A) Despite subsection (1), in proceedings referred to in that subsection:
 (a) in relation to a contravention by a person of subsection 12DQ(4), it is necessary to prove that the person was reckless as to the matters in paragraph 12DQ(4)(c); and
 (b) in relation to a contravention by a person of subsection 12DR(3), it is necessary to prove that the person was reckless as to the matters in paragraphs 12DR(3)(e) and (f); and
 (c) in relation to a contravention by a person of subsection 12DS(2), it is necessary to prove that the person was reckless as to the matters in paragraph 12DS(2)(d).
 (3B) For the purposes of subsection (3A), a person is reckless as to a fact if:
 (a) the person is aware of a substantial risk that the fact exists; and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.