Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 76A

  (1)   In this section:

"contravention" , in relation to a section, includes conduct referred to in paragraph   76(1)(b), (c), (d), (e) or (f) that relates to a contravention of the section.

  (2)   In proceedings against a person (the respondent ) under section   76 in relation to an alleged contravention of section   92, it is a defence if the respondent establishes:

  (a)   that the contravention in respect of which the proceedings were instituted was due to reasonable mistake; or

  (b)   that the contravention in respect of which the proceedings were instituted was due to reasonable reliance on information supplied by another person; or

  (c)   that:

  (i)   the contravention in respect of which the proceedings were instituted was due to the act or default of another person, to an accident or to some other cause beyond the respondent's control; and

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

  (3)   In paragraphs   (2)(b) and (c), another person does not include a person who was:

  (a)   a servant or agent of the respondent; or

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

at the time when the alleged contravention occurred.