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The Act states that it is a defence for anyone charged with an offence under the Act to show that they exercised all due diligence to avoid committing the offence and that:
(6) A person is taken to have shown [due diligence] if:
(a) sufficient evidence of the fact is adduced to raise an issue with respect to it; and
(b) the contrary is not proved beyond reasonable doubt.
For registrants, this could take into account that the organisation:
It may be that an organisation is acting in accordance with legal advice, on which they may choose to waive legal professional privilege and share it with the Registrar, but they are not obliged to do so to support their defence.