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CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 23 Effect of being unaware of variation or cancellation of authority

CRIMES (ASSUMED IDENTITIES) ACT 2004 - SECT 23

Effect of being unaware of variation or cancellation of authority

    (1)     If an authority has been varied in a way that limits its scope, this Part continues to apply to the authorised person to whom it relates as if it had not been varied in that way, for as long as the person—

        (a)     is unaware of the variation; and

        (b)     is not reckless about the existence of the variation.

    (2)     If an authority has been cancelled, this Part continues to apply to the authorised person to whom it related as if it had not been cancelled, for as long as the person—

        (a)     is unaware of the cancellation; and

        (b)     is not reckless about the existence of the cancellation.

    (3)     For the purposes of this section, a person is reckless about the existence of the variation or cancellation of an authority if—

        (a)     the person is aware of a substantial risk that the authority has been varied or cancelled; and

        (b)     having regard to the circumstances known to the person, it is unjustifiable to take the risk.