s. s. 79 78E in the complaint was not a substantial reason for the conduct. (3) It is a defence to a proceeding for a contravention S. 78E(3) amended by of section 78A or 78C if the accused proves that— No. 68/2009 s. 97(Sch. (a) the conduct was reasonable in the item 90.20). circumstances; and (b) a substantial reason for the conduct was to S. 78E(3)(b) amended by comply with the requirements of this Act or No. 67/2013 with the Workplace Injury Rehabilitation s. 649(Sch. 9 item 25(4)). and Compensation Act 2013. (4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct. (5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct. (6) If the court makes an order under section 78 in a proceeding for an offence against section 76, the Industrial Division of the Magistrates' Court cannot make an order under section 78D in a proceeding for a contravention of section 78A in respect of the same conduct. __________________ Division 1—Definitions 79 Definitions relating to registered employee organisations In this Part—
in the complaint was not a substantial reason for the conduct. S. 78E(3) amended by No. 68/2009 s. 97(Sch. item 90.20). (3) It is a defence to a proceeding for a contravention of section 78A or 78C if the accused proves that— (a) the conduct was reasonable in the circumstances; and S. 78E(3)(b) amended by No. 67/2013 s. 649(Sch. 9 item 25(4)). (b) a substantial reason for the conduct was to comply with the requirements of this Act or with the Workplace Injury Rehabilitation and Compensation Act 2013. (4) The making of an order in a proceeding for a contravention of section 78A does not prevent the bringing of a proceeding for an offence against section 76 in respect of the same conduct. (5) If the Industrial Division of the Magistrates' Court makes an order under section 78D in a proceeding for a contravention of section 78A, the court cannot make an order under section 78 in a proceeding for an offence against section 76 in respect of the same conduct. (6) If the court makes an order under section 78 in a proceeding for an offence against section 76, the Industrial Division of the Magistrates' Court cannot make an order under section 78D in a proceeding for a contravention of section 78A in respect of the same conduct. s. 78E __________________ Division 1—Definitions 79 Definitions relating to registered employee organisations s. 79 In this Part—
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