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SHIPPING REGISTRATION ACT 1981 - SECT 61BM Mistake of fact

SHIPPING REGISTRATION ACT 1981 - SECT 61BM

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 a matter in subsection   ( 1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter.