Document ID: chunk:federal_register_of_legislation:C2004A00661:clause:1_76a
Version: federal_register_of_legislation:C2004A00661
Segment Type: clause
Provision Reference: sch 1 cl 76A
Character Range: 2703–4012

76A  Defence to proceedings under section 76 relating to a contravention of section 75AYA

 (1) In this section:

contravention of section 75AYA includes conduct referred to in paragraph 76(1)(b), (c), (d), (e) or (f) that relates to a contravention of section 75AYA.

 (2) In proceedings against a person (the respondent) under section 76 in relation to an alleged contravention of section 75AYA, it is a defence if the respondent establishes:
 (a) that the contravention in respect of which the proceedings were instituted was due to reasonable mistake; or
 (b) that the contravention in respect of which the proceedings were instituted was due to reasonable reliance on information supplied by another person; or
 (c) that:
 (i) the contravention in respect of which the proceedings were instituted was due to the act or default of another person, to an accident or to some other cause beyond the respondent's control; and
 (ii) the respondent took reasonable precautions and exercised due diligence to avoid the contravention.

 (3) In paragraphs (2)(b) and (c), another person does not include a person who was:
 (a) a servant or agent of the respondent; or
 (b) if the respondent is a body corporate—a director, servant or agent of the respondent;
at the time when the alleged contravention occurred.