ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 236 Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention
ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 236
Defence of taking reasonable precautions, and exercising due diligence, to avoid a contravention(1) This section applies to the following proceedings:
(a) criminal proceedings for an offence against the regulations;
(b) section 175 proceedings for a contravention of a civil penalty provision;
(c) proceedings under the Proceeds of Crime Act 2002 that relate to this Act.
(2) In the proceedings, it is a defence if the defendant proves that the defendant took reasonable precautions, and exercised due diligence, to avoid the contravention in respect of which the proceedings were instituted.
Note: In criminal proceedings, a defendant bears a legal burden in
relation to the matters in subsection (2)--see section 13.4 of
the Criminal Code .