Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 75S

  (1)   In proceedings for a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision, it is not necessary to prove:

  (a)   the person's intention; or

  (b)   the person's knowledge; or

  (c)   the person's recklessness; or

  (d)   the person's negligence; or

  (e)   any other state of mind of the person.

  (2)   Subsection   (1) does not apply to the extent that the proceedings relate to attempting to contravene a civil penalty provision, or being involved in a contravention of a civil penalty provision.

  (3)   Subsection   (1) does not affect the operation of section   75T (which is about mistake of fact).

  (4)   Subsection   (1) does not apply to the extent that the civil penalty provision, or a provision that relates to the civil penalty provision, expressly provides otherwise.