Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 51

51. Section 85 of the Principal Act is amended-

   (a)  by omitting paragraphs (a) and (b) of sub-section (1) and
        sub-stituting the following paragraphs:-

''(a) that the contravention in respect of which the proceeding was instituted
was due to reasonable mistake;

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

   (c)  that-

        (i)    the contravention in respect of which the proceeding was
               instituted 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.''; and

   (b)  by omitting sub-section (6) and substituting the following
        sub-section:-

''(6) Where, in any proceedings under this Part against a person other than a
body corporate, it appears to the Court that the person has or may have
engaged in conduct in contravention of a provision of Part IV or in conduct
referred to in paragraph 76 (1) (b), (c), (d), (e) or (f) but that the person
acted honestly and reasonably and, having regard to all the circumstances of
the case, ought fairly to be excused, the Court may relieve the person either
wholly or partly from liability to any penalty or damages on such terms as the
Court thinks fit.''.