Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_4
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 4
Character Range: 3745–4266

4  After subsection 26(4)
Insert:

 (4A) For the purposes of subsection (4), a person is taken to be reckless if:
 (a) the person is aware of a substantial risk that anything done or not done by the person will constitute a contravention of a requirement covered by paragraph (1)(a), (b) or (c); and
 (b) having regard to the circumstances known to the person, it is unjustifiable to take the risk.

 (4B) The question whether taking a risk is unjustifiable is one of fact.

Foreign Acquisitions and Takeovers Act 1975