91Defences

91 Defences

(1) It is a defence to a prosecution for contravening section 89, 90 or 90A if it is proved that the contravention was due to the defendant not being aware of a fact or occurrence whose existence was necessary to constitute the contravention and that:

(a) the defendant was not so aware on the date of the information;

(b) the defendant became so aware less than 14 days before the date of the information; or

(c) the defendant became so aware not less than 14 days before the date of the information and complied with the relevant section within 14 days after becoming so aware.

(2) For the purposes of this Part, a person shall, unless the contrary is proved, be presumed to have been aware at a particular time of a fact or occurrence relating to securities if an employee or agent of the person, being an employee or agent having duties or acting in relation to the employer’s or principal’s interest in the relevant securities, was aware of that fact or occurrence at that time.