Document ID: chunk:federal_register_of_legislation:C2004A00753:clause:3_62
Version: federal_register_of_legislation:C2004A00753
Segment Type: clause
Provision Reference: sch 3 cl 62
Character Range: 40590–41571

62  Subsections 184(2) and (3)
Repeal the subsections, substitute:

Defences

 (2) Subsection (1) does not apply if the defendant proves that one of the exceptions to the insider trading rules in sections 180 to 183 apply to the defendant.

 (3) In the case of the defendant having entered into, or procured another person to enter into, a transaction or agreement at a time when certain information was in the defendant's possession, subsection (1) does not apply if the defendant proves that:
 (a) the information came into the defendant's possession solely as a result of the information having been made known in a way that would, or would be likely to, bring it to the attention of persons who commonly invest in superannuation interests of a kind whose price or value might be affected by the information; or
 (b) the other party to the transaction or agreement knew, or ought reasonably to have known, of the information before entering into the transaction or agreement.