21Defence of compliance with guidelines

21 Defence of compliance with guidelines

[Section 21 Substituted by No. 18 of 2017, s. 16, Applied:16 Aug 2017]

(1)  It is a defence to a prosecution for an offence under section 9 or 14 if, in relation to the section of the Act which the defendant is alleged to have contravened, it is proved –

(a) that, in so far as is practicable –

(i) the defendant complied with the guidelines; or

(ii) it was reasonable in the circumstances for the defendant to rely on another person's compliance with the guidelines; or

(b) that the act or omission constituting the alleged offence was due to an act or default of another person; or

(c) that, in so far as it was reasonable to do so in the circumstances, the defendant relied on information supplied by another person.

(2)  In this section –

another person does not include a person who was –

(a) an employee or agent of the defendant; or

(b) in the case of a defendant that is a body corporate  – a director, employee or agent of the defendant.