Superannuation Industry (Supervision) Act 1993
(a) eligible proceedings (within the meaning of section 221 ); and
(b) proceedings under subsection 55(3) .
View history note
Hide history noteSubject 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
323(3) Meaning of another person .
(ii) the defendant took reasonable precautions and exercised due diligence to avoid the contravention.
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.
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