South Australian Current Acts South Australian Current Acts (1) Subject to
subsection (3), in a prosecution for a contravention of a provision of
this Act, 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
(i)
the contravention was due to the act or default of
another person, to an accident or to some other cause beyond the defendant's
control; and
(ii)
the defendant took reasonable precautions and exercised
due diligence to avoid the contravention.
(2) In
subsection (1)(b) and (c)—
"another person" does not include a person who was—
(a) a
servant or agent of the defendant; or
(b) in
the case of a defendant that is a body corporate—a director, servant or
agent of the defendant,
at the time when the contravention occurred.
(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 defendant is not, without permission, entitled
to rely on that defence unless the defendant has, not later than 7 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 defendant's possession.
(4) This section does
not apply in relation to a prosecution for a contravention of section 11.