SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 338A Liability of trustees required to ensure thing occurs

SUPERANNUATION INDUSTRY (SUPERVISION) ACT 1993 - SECT 338A

    A person who is a member of a group of individual trustees is not liable under any offence of strict liability or civil penalty provision of this Act or the regulations in respect of any contravention resulting from a failure by the person to ensure that a particular thing occurs if the person proves that he or she:

  (a)   made all inquiries (if any) that were reasonable in the circumstances; and

  (b)   after doing so, believed on reasonable grounds that his or her obligations were being complied with.

Note:   In a prosecution for an offence of strict liability against a provision of this Act or the regulations, a defendant bears a legal burden in relation to the matters in this section (see section   13.4 of the Criminal Code ).