General defences
140D General defences
A person is not liable under this Division in relation to a contravention of section 140A(1) 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 140A(2) if the person proves that they were not aware of the circumstance or event that caused the disclosure statement to cease to be current.
[Section 140D inserted: No. 7 of 2016 s. 39.]
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