Document ID: chunk:federal_register_of_legislation:C2005C00498:clause:1_1044a
Version: federal_register_of_legislation:C2005C00498
Segment Type: clause
Provision Reference: sch 1 cl 1044A
Character Range: 733652–734829

1044A  General defence or relief for publishers

 (1) It is a defence to a prosecution for an offence based on a provision of this Part committed by the publication of an advertisement if:
 (a) the defendant was, at that time, a person whose business it was to publish or arrange for the publication of advertisements; and
 (b) they received the advertisement for publication in the ordinary course of that business and did not know, and had no reason to believe, that its publication would amount to an offence against that provision.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1). See subsection 13.3(3) of the Criminal Code.

 (2) In proceedings against a person under:
 (a) Part 9.4B (including under section 1317H) relating to a contravention of a civil penalty provision that is in this Part; or
 (b) section 1041I relating to a contravention of a provision to which that section applies;
the court may relieve the person wholly or partly from liability if it appears to the court that the circumstances mentioned in paragraphs (1)(a) and (b) applied.

Part 7.11—Title and transfer

Division 1—Title to certain securities