Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.10 - MARKET MISCONDUCT AND OTHER PROHIBITED CONDUCT RELATING TO FINANCIAL PRODUCTS AND FINANCIAL SERVICES  

Division 4 - Defences, relief and limits on liability  

SECTION 1044A   GENERAL DEFENCE OR RELIEF FOR PUBLISHERS  

1044A(1)   [ No knowledge that publication an offence]  

It is a defence to a prosecution for an offence based on a provision of this Part committed by the publication of an advertisement if:


(a) the defendant was, at that time, a person whose business it was to publish or arrange for the publication of advertisements; and


(b) they received the advertisement for publication in the ordinary course of that business and did not know, and had no reason to believe, that its publication would amount to an offence against that provision.

Note: A defendant bears an evidential burden in relation to the matters in subsection (1). See subsection 13.3(3) of the Criminal Code .

1044A(2)   [ Relief from liability]  

In proceedings against a person under:


(a) Part 9.4B (including under section 1317H or 1317HA ) relating to a contravention of a civil penalty provision that is in this Part; or


(b) section 1041I relating to a contravention of a provision to which that section applies;

the court may relieve the person wholly or partly from liability if it appears to the court that the circumstances mentioned in paragraphs (1)(a) and (b) applied.


 

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