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Competition and Consumer Act 2010 (Cth)

Section 76A
Defence to proceedings under section 76 relating to a contravention
of section 95AZN

 

The provision

(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 95AZN, 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.

 

Legislative history

Forthcoming

 

Commentary

Forthcoming