South Australian Consolidated Acts

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 - SECT 16

16—Defences

It is a defence to a charge of an offence, or to civil proceedings, under this Part arising from an alleged contravention or non-compliance with a requirement of this Part if the defendant proves—

            (a)         that the alleged contravention or non-compliance was unintentional and did not occur by reason of the defendant's negligence or the negligence of an officer, employee or agent of the defendant; or

            (b)         that the alleged contravention or non-compliance was due to reliance on information provided by a person or body to which an inquiry to obtain the information is, in accordance with the regulations, required to be made; or

            (c)         that—

                  (i)         the purchaser received independent advice from a legal practitioner in relation to waiving compliance with that requirement; and

                  (ii)         the legal practitioner signed a certificate in the form required by regulation as to the giving of that advice; and

                  (iii)         the purchaser waived compliance with that requirement by signing an instrument of waiver in the form required by regulation.