Consumer Protection Act 2007
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Defence of due diligence. |
78.— (1) In proceedings for an offence under this Act, other than an offence under section 65 (2), it is a defence for the accused to prove both of the following: | |
(a) commission of the offence was due to a mistake or the reliance on information supplied to the accused or to the act or default of another person, an accident or some other cause beyond the accused’s control; | ||
(b) the accused exercised due diligence and took all reasonable precautions to avoid commission of the offence. | ||
(2) If the defence provided by subsection (1) involves the allegation that the commission of the offence was due to reliance on information supplied by another person or to the act or default of another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless, not less than 7 working days before the hearing, the accused has served on the prosecutor written notice providing information identifying or assisting in the identification of that other person. |