Section 60D
Defence for election advertising offences
of Presidential Elections Act 1991
ActIn forceProvision 99 of 126
Section 60D
Amended by6/20176/2017
(1)
It is a defence for a person charged with an offence under section 42(1) or (4), 60AA(2), 60A(3), 60B(2) or 60C(2) to prove —
(a)
that the contravention of section 42(1)(c), (d) or (e), 60A(1), 60B(1) or 60C(1) or any regulations made under section 60AA(1)(b) (as the case may be) arose from circumstances beyond the person’s control; and
(b)
that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
Amended by6/2017
(2)
Nothing in subsection (1) limits the operation of section 26 of the Electronic Transactions Act 2010 in relation to network service providers.
Amended by6/2017