EDUCATION AND CARE SERVICES ACT 2013 - SECT 118 Defence of relying on evidence of qualifications, training or study

EDUCATION AND CARE SERVICES ACT 2013 - SECT 118

118 Defence of relying on evidence of qualifications, training or study

(1) This section applies if—

(a) proceedings are taken against a person (the
"first person" ) for an offence against this Act; and

(b) the act or omission that is the offence would not be an offence if another person (the
"second person" ) had a particular qualification or competency or was enrolled in a particular course of study.

(2) It is a defence for the first person to prove that, at the time of the alleged offence, the first person reasonably believed, and had sighted reasonable evidence, that the second person had the qualification or competency or was enrolled in the course of study.

(3) Subsection (2) does not limit the application of the Criminal Code , section 24 .