Superannuation Industry (Supervision) Act 1993

PART 28 - PROCEEDINGS  

SECTION 323   RELIEF FROM CIVIL LIABILITY FOR CONTRAVENTION OF CERTAIN PROVISIONS  

323(1)   Proceedings to which this section applies.  

This section applies to:

(a) eligible proceedings (within the meaning of section 221 ); and

(b) proceedings under subsection 55(3) .

323(2)   Defences.  

Subject to subsection (4), in proceedings against a person (the defendant ) in respect of a contravention, it is a defence if the defendant establishes:

(a) that the contravention was due to reasonable mistake; or

(b) that the contravention was due to reasonable reliance on information supplied by another person; or

(c) that:

(i) the contravention was due to:

(A) the act or default of another person; or

(B) an accident; or

(C) some other cause beyond the defendant ' s control; and

(ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention.

323(3)   Meaning of another person .  

For the purposes of the application of subsection (2) to the defendant, a reference to another person does not include a person who was, at the time when the contravention occurred:

(a) in any case - a servant or agent of the defendant; or

(b) if the defendant is a body corporate - a director, servant or agent of the defendant.

323(4)   Notice to be given about reliance on defence.  

If a defence provided by subsection (2) involves an allegation that a contravention was due to:

(a) reliance on information supplied by another person; or

(b) the act or default of another person;

the defendant is not entitled to rely on that defence unless:

(c) the court grants leave; or

(d) both:

(i) the defendant has served on the person by whom the proceedings were instituted a written notice giving such information:

(A) that would identify, or assist in the identification of, the other person; and

(B) as was then in the defendant ' s possession; and

(ii) that notice is served not later than 7 days before the day on which the hearing of the proceedings begins.