Sully, Peter Julian v. Darwin Bakery Pty Ltd [1981] FCA 11

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IN THE FEDERAL COURT OF AUSTRALIA

)

) NORTHERN TERRITORY DISTRICT REGISTRY Nos. 7, 8, 9 & 10 of 1980 GENERAL DIVISION )

BETWEEN:

PETER JULIAN SULLY

Prosecutor AND: DARWIN BARKERY PTY. LIMITED Defendant 13 February 1981 Coram: Gallop J.

REASONS FOR JUDGMENT Corrigendum

Page 10, line 8 delete section as quoted, and insert.

"(1) Subject to sub-section (2), in a prosecution under this Part in relation to a contravention of

a provision of Part V, it is a defence if the defendant establishes-

(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 pre-

cautions and exercised due deligence to avoid the contravention.

(2) If a defence provided by sub-section (1) involves an allegation that a contravention was due to reliance on information supplied by another person or to the act or

default of another person, the defendant is not, without

leave of the Court, entitled to rely on that defence unless

he has, not later than 7 days before the day on which the

hearing of the proceeding commences, served on the person by

whom the proceeding was instituted a notice in writing giving

such information that would identify or assist in the identification of the other person as was then in his possession."

20-3-2!

IN THE FEDERAL COURT OF AUSTRALIA

) ) NORTHERN TERRITORY DISTRICT REGISTRY ) No. 7 of 1980 ) GENERAL DIVISION )

BETWEEN -

PETER JULIAN SULLY Prosecutor

AND

DARWIN BAKERY PTY. LIMITED