South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961 - SECT 173AA

173AA—Reasonable steps defence

        (1)         If a provision of this Act states that a person has the benefit of the "reasonable steps defence" for an offence, it is a defence to a charge for the offence concerned if the person charged establishes that—

            (a)         the person did not know, and could not reasonably be expected to have known, of the contravention concerned; and

            (b)         either—

                  (i)         the person had taken all reasonable steps to prevent the contravention; or

                  (ii)         there were no steps that the person could reasonably be expected to have taken to prevent the contravention.

        (2)         If the person charged establishes that the person had complied with all relevant standards and procedures under a registered industry code of practice with respect to matters to which the breach relates, proof of compliance (as so established by the person) constitutes prima facie evidence that the person charged had taken reasonable steps to prevent the contravention.

        (3)         Subsection (2) is not available unless the person charged has served notice of intention to establish the matters referred to in that subsection on the prosecution at least 28 days before the day on which the matter is set down for hearing.

        (4)         The regulations may set out circumstances in which a requirement under this Act to take all reasonable steps to prevent the occurrence of a specified offence will be taken to have been satisfied.