(b) in the case of an accused being a body S. 155(2)(b) corporate, an officer or an agent of the amended by No. 68/2009 accused— s. 97(Sch. item 56.7). at the time when the contravention occurred. (3) If a defence provided by subsection (1) involves S. 155(3) amended by an allegation that a contravention was due to No. 68/2009 reliance on information supplied by another s. 97(Sch. item 56.8). person or to the act or default of another person, the accused is not, without leave of the court, entitled to rely on that defence unless the accused has, not later than 14 days before the day on which the hearing of the proceeding commences, served on the person by whom the proceeding was instituted, a notice in writing giving such information that would identify or assist in the identification of the other person as was then in the possession of the accused. (4) In a proceeding under this Act in relation to a S. 155(4) amended by contravention of a prescribed provision committed Nos 103/2004 by the publication of an advertisement, it is a s. 25(2)(a), 68/2009 defence if the accused establishes that— s. 97(Sch. item 56.9), 72/2010 s. 35(a). (a) the accused is a person whose business is to S. 155(4)(a) amended by publish or arrange for the publication of No. 68/2009 advertisements; and s. 97(Sch. item 56.9). (b) that the accused received the advertisement S. 155(4)(b) amended by for publication in the ordinary course of Nos 103/2004 business and did not know and had no reason s. 25(2)(b), 68/2009 to suspect that its publication would amount s. 97(Sch. to a contravention of a prescribed provision. item 56.9).
S. 155(2)(b) amended by No. 68/2009 s. 97(Sch. item 56.7). (b) in the case of an accused being a body corporate, an officer or an agent of the accused— at the time when the contravention occurred. S. 155(3) amended by No. 68/2009 s. 97(Sch. item 56.8). (3) If a defence provided by subsection (1) involves an allegation that a contravention was due to reliance on information supplied by another person or to the act or default of another person, the accused is not, without leave of the court, entitled to rely on that defence unless the accused has, not later than 14 days before the day on which the hearing of the proceeding commences, served on the person by whom the proceeding was instituted, a notice in writing giving such information that would identify or assist in the identification of the other person as was then in the possession of the accused. S. 155(4) amended by Nos 103/2004 s. 25(2)(a), 68/2009 s. 97(Sch. item 56.9), 72/2010 s. 35(a). (4) In a proceeding under this Act in relation to a contravention of a prescribed provision committed by the publication of an advertisement, it is a defence if the accused establishes that— S. 155(4)(a) amended by No. 68/2009 s. 97(Sch. item 56.9). (a) the accused is a person whose business is to publish or arrange for the publication of advertisements; and S. 155(4)(b) amended by Nos 103/2004 s. 25(2)(b), 68/2009 s. 97(Sch. item 56.9). (b) that the accused received the advertisement for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would amount to a contravention of a prescribed provision.
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