Commonwealth Consolidated Acts Commonwealth Consolidated ActsProceedings to which this section applies
(1) This section applies to:
(a) eligible proceedings (within the meaning of section 221); and
(b) proceedings under subsection 55(3).
Defences
(2) Subject to subsection (4), in proceedings against a person (the defendant ) in respect of a contravention, it is a defence if the defendant establishes:
(a) that the contravention was due to reasonable mistake; or
(b) that the contravention was due to reasonable reliance on information supplied by another person; or
(c) that:
(i) the contravention was due to:
(A) the act or default of another person; or
(B) an accident; or
(C) some other cause beyond the defendant's control; and
(ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
Meaning of another person
(3) For the purposes of the application of subsection (2) to the defendant, a reference to another person does not include a person who was, at the time when the contravention occurred:
(a) in any case--a servant or agent of the defendant; or
(b) if the defendant is a body corporate--a director, servant or agent of the defendant.
Notice to be given about reliance on defence
(4) If a defence provided by subsection (2) involves an allegation that a contravention was due to:
(a) reliance on information supplied by another person; or
(b) the act or default of another person;
the defendant is not entitled to rely on that defence unless:
(c) the court grants leave; or
(d) both:
(i) the defendant has served on the person by whom the proceedings were instituted a written notice giving such information:
(A) that would identify, or assist in the identification of, the other person; and
(B) as was then in the defendant's possession; and
(ii) that notice is served not later than 7 days before the day on which the hearing of the proceedings begins.