Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:4_22m
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 4 cl 22M
Character Range: 103362–104464

22M  Mistake of fact
 (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:
 (a) at or before the time of the conduct constituting the contravention, the person:
 (i) considered whether or not facts existed; and
 (ii) was under a mistaken but reasonable belief about those facts; and
 (b) had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.
 (2) For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:
 (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
 (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
 (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.