Heritage Act 2018

Subject to this section and to sections 142, 143, 145, 146 and 147, it is a defence for a person who would otherwise be liable for a contravention of this Act to prove that —

the contravention occurred without the consent or connivance of the person; and

the person had taken all reasonable precautions to ensure that this Act would not be contravened; and

the person could not by the exercise of reasonable diligence have prevented the contravention.

If a defence to a proceeding under this Act involves an allegation that a contravention was due to reliance on information supplied by another person or to the act or default of another person, the accused is not entitled to rely on the 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.