Fair Trading Act 2010

In a prosecution under this Part for an offence against this Act, it is a defence if the accused establishes that the contravention in respect of which the proceeding was instituted was due to reasonable mistake of fact, including a mistake of fact caused by reasonable reliance on information supplied by another person.

However, subsection (1) does not apply in relation to information relied upon by the accused that was supplied to the accused by another person who was, at the time when the contravention occurred —

an employee or agent of the accused; or

if the accused is a body corporate, a director, employee or agent of the accused.

If a defence provided by subsection (1) involves an allegation that a contravention was due to reliance on information supplied by another person, the accused is not entitled to rely on that defence unless —

the court gives leave; or

the accused has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person who instituted the proceeding a notice in writing giving whatever information the accused then had that would identify or assist in identifying the other person.

In a prosecution under this Part for an offence against this Act, it is a defence if the accused establishes that —

the contravention in respect of which the proceeding was instituted was due to —

the act or default of another person; or

an accident; or

some other cause beyond the accused’s control;

the accused took reasonable precautions and could not by the exercise of due diligence have prevented the commission of the offence.

However, subsection (1) does not apply in relation to the act or default of another person who was, at the time when the contravention occurred —

an employee or agent of the accused; or

if the accused is a body corporate, a director, employee or agent of the accused.

If a defence provided by subsection (1) involves an allegation that a contravention was due to the act or default of another person, the accused is not entitled to rely on that defence unless —

the court gives leave; or

the accused has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person who instituted the proceeding a notice in writing giving whatever information the accused then had that would identify or assist in identifying the other person.