CTHRepealedAct
Financial Corporations Act 1974
28Defence to prosecutions
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##### 28 Defence to prosecutions
(1) It is a defence to a prosecution of a corporation for an offence constituted by a contravention of or a failure to comply with a provision of this Act if the defendant proves that the contravention or failure was due to the defendant’s not being aware of a fact or occurrence the existence of which was necessary to constitute the offence.
(2) For the purposes of subsection (1), a corporation shall conclusively be presumed to have been aware at a particular time of a fact or occurrence of which a director of the corporation was aware at that time or of which a servant or agent of the corporation, being a servant or agent having duties or acting on behalf of the corporation in relation to the matter concerned, was aware at that time.