This is a single section from Chapter 26. Read the full chapter here.
What defences should be specified?
The legislation should describe any defences that are available.
Officials should consider what circumstances may provide a defence. Examples include:
- the contravention was necessary (for example, to save or protect life or health, or prevent serious damage to property);
- the contravention was beyond the person’s control and could not reasonably have been foreseen, and the person could not reasonably have taken steps to prevent it occurring;
- the person did not know, and could not reasonably have known, of the contravention;
- the contravention was a mistake or occurred without the person’s knowledge;
- the contravention was due to reasonable reliance on information supplied by another person; and
- the contravention was due to the default of another person, which was beyond the first person’s control, and that first person took precautions to avoid the contravention.