Document ID: chunk:federal_register_of_legislation:C2022A00014:clause:4_1100zi:p2
Version: federal_register_of_legislation:C2022A00014
Segment Type: clause
Provision Reference: sch 4 cl 1100ZI (pt 2/2)
Character Range: 81158–82981

or deceptive.
 (7) A person does not commit an offence against subsection (4) because of an omission from information mentioned in paragraph (1)(a) in relation to a particular matter if the person proves that the person did not know that there was an omission from the information in relation to that matter.
 (8) A person does not commit an offence against subsection (4) because of a new circumstance that had arisen as mentioned in paragraph (1)(c) if the person did not know that the new circumstance had arisen.

Defence—reasonable reliance on information given by someone else
 (9) A person does not commit an offence against subsection (4) because of a misleading or deceptive statement in information mentioned in paragraph (1)(a) if the person proves that the person placed reasonable reliance on information given to them by:
 (a) if the person is a body corporate or a responsible entity of a registered scheme—someone other than a director, employee or agent of the body corporate or responsible entity; or
 (b) if the person is an individual—someone other than an employee or agent of the individual.
 (10) For the purposes of subsection (9), a person is not the agent of a body corporate or responsible entity merely because the person performs a particular professional or advisory function for the body corporate or responsible entity.

Defence—provision of updated information
 (11) A person does not commit an offence against subsection (4) because of a new circumstance that has arisen as mentioned in paragraph (1)(c) if the person proves that, as soon as reasonably practicable after the circumstance arose:
 (a) the information mentioned in paragraph (1)(a) was updated to include all relevant information about the new circumstance; and
 (b) the updated information was given to the ESS participants.