Competition and Consumer Act 2010
Sch 2 s 208Act or default of another person etc.
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208 Act or default of another person etc.
(1) In a prosecution for a contravention of a provision of this Chapter, it is a defence if the defendant proves that:
(a) the contravention was due to the act or default of another person, to an accident or to some other cause beyond the defendant’s control; and
(b) the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
(2) However, subsection (1) does not apply in relation to the act or default of another person who was, at the time when the contravention occurred:
(a) an employee or agent of the defendant; or
(b) if the defendant is a body corporate—a director, employee or agent of the defendant.
(3) If a defence provided by subsection (1) involves an allegation that a contravention was due to the act or default of another person, the defendant is not entitled to rely on that defence unless:
(a) the court gives leave; or
(b) the defendant has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person who instituted the proceeding a written notice giving such information as the defendant then had that would identify or assist in identifying the other person.