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In force2020 Revised Edition
Contents

Part 4 · Shares, Debentures and Charges

90. Defence to prosecutions

(1)

It is a defence to a prosecution for failing to comply with section 82, 83, 84 or 86 if the defendant proves that the defendant’s failure was due to the defendant not being aware of a fact or occurrence the existence of which was necessary to constitute the offence and that —

(a)

the defendant was not so aware on the date of the summons; or

(b)

the defendant became so aware less than 7 days before the date of the summons.

(2)

For the purposes of subsection (1), a person is conclusively presumed to have been aware of a fact or occurrence at a particular time —

(a)

of which the person would, if the person had acted with reasonable diligence in the conduct of the person’s affairs, have been aware at that time; or

(b)

of which an employee or agent of the person, being an employee or agent having duties or acting in relation to his or her master’s or principal’s interest or interests in a share or shares in the company concerned, was aware or would, if he or she had acted with reasonable diligence in the conduct of his or her master’s or principal’s affairs, have been aware at that time.

Report

Part 5

Management and Administration

Part 6

Financial Statements and Audit

Part 7

Arrangements, Reconstructions and Amalgamations

Part 8

Part 8A

Part 9

Investigations

Part 10

Dissolution

Part 10A

Transfer of Registration

Part 11

Various Types of Companies, Etc.

Part 11A

Register of Controllers, Nominee Directors and Nominee Shareholders of Companies

Part 12

General

Schedules