General defences (cf Corporations Act s 733)
75 General defences (cf Corporations Act s 733)
A person is not liable under this Division in relation to a contravention of section 72 because of a misleading or deceptive statement in, or an omission from, a disclosure statement if the person proves that they placed reasonable reliance on information given to them by:
if the person is a body – someone other than a director, employee or agent of the body; or
if the person is an individual – someone other than an employee or agent of the individual.
For the purposes of subsection (1), a person is not the agent of a body or individual merely because they perform a particular professional or advisory function for the body or individual.
A person is not liable under this Division in relation to a contravention of section 72 because a disclosure statement is not current if the person proves that they were not aware of the circumstance or event that caused the statement to cease to be current.
This Act’s bill:Explanatory statement
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