New South Wales Consolidated Acts

YEAR 2000 INFORMATION DISCLOSURE ACT 1999 - SECT 10

10 False or misleading statement exception: explanatory statement to be given

(1) If a civil action is instituted against a person (the "first person") by another person (the "second person"), the first person is not entitled to plead or otherwise rely on the rule in section 8 (1) unless:

(a) the first person gives the second person a statement (the "explanatory statement") to the effect that the first person believes that the exception set out in section 9 (1) (a) is not applicable, and

(b) the explanatory statement sets out the grounds for that belief, and

(c) the explanatory statement satisfies one of the following conditions:

(i) the explanatory statement is made in writing,

(ii) the explanatory statement is made in a data storage device and is capable of being reproduced in writing from that device (with or without the aid of any other article or device),

(iii) the explanatory statement is made by way of an electronic communication of writing.

(2) If the first person gives the second person an explanatory statement as mentioned in subsection (1), the explanatory statement is not admissible in any civil action except for the purposes of determining whether subsection (1) has been complied with.

(3) The second person may waive compliance with subsection (1).