Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 2 - GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY  

Part 2.5 - Corporate criminal responsibility  

Division 12  

SECTION 12.5   Mistake of fact (strict liability)  

(1)  
A body corporate can only rely on section 9.2 (mistake of fact (strict liability)) in respect of conduct that would, apart from this section, constitute an offence on its part if:


(a) the employee, agent or officer of the body corporate who carried out the conduct was under a mistaken but reasonable belief about facts that, had they existed, would have meant that the conduct would not have constituted an offence; and


(b) the body corporate proves that it exercised due diligence to prevent the conduct.

(2)  
A failure to exercise due diligence may be evidenced by the fact that the prohibited conduct was substantially attributable to:


(a) inadequate corporate management, control or supervision of the conduct of one or more of its employees, agents or officers; or


(b) failure to provide adequate systems for conveying relevant information to relevant persons in the body corporate.




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