130. Defences for contravention of this Part
-
(1) Subject to subsection (2), in a prosecution under this section it is a defence if the defendant proves —
-
(a) that the contravention in respect of which the proceeding was instituted was due to —
-
(i) a mistake,
-
(ii) reliance on information supplied by another person,
-
(iii) the act or default of another person,
-
(iv) an accident, or
-
(v) some other cause beyond his or her control; and
-
(b) that he or she took reasonable precautions and exercised due diligence to avoid the contravention.
-
(2) Where a defence under subsection (1) 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, without leave of the court, entitled to rely on that defence unless he or she has, not later than seven days before the day on which the hearing of the proceeding commenced, served on the person by whom the proceeding was instituted, a notice in writing giving such information as was then in his or her possession that would identify or assist in the identification of the other person.
-
(3) In a proceeding under this section in relation to a contravention of a provision of this Part by the publication of an advertisement, it is a defence if the defendant proves that he or she —
-
(a) is a person whose business it is to publish or arrange for the publication of advertisements, and that he or she received the advertisement for publication of advertisements in the ordinary course of business; and
-
(b) did not know and had no reason to suspect that its publication would amount to a contravention of a provision of this Part.