Document ID: chunk:federal_register_of_legislation:C2023C00080:clause:1_395
Version: federal_register_of_legislation:C2023C00080
Segment Type: clause
Provision Reference: sch 1 cl 395
Character Range: 128877–129609

395  After subsection 47(1)
Insert:
 (1A) For the purposes of subsection (1), the officer is reckless as to whether the contravention would occur if:
 (a) the officer is aware of a substantial risk that the contravention would occur; and
 (b) having regard to the circumstances known to the officer, it is unjustifiable to take the risk.
 (1B) For the purposes of subsection (1), the officer is negligent as to whether the contravention would occur if the officer's conduct involves:
 (a) such a great falling short of the standard of care that a reasonable person would exercise in the circumstances; and
 (b) such a high risk that the contravention would occur; and
that the conduct merits the imposition of a pecuniary penalty.