Section 109 General defence of due diligenceI1

In any proceedings for an offence under this Part, it is a defence for the person charged (“the defendant”) to prove that the defendant took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

The defence provided by subsection (1) is to be taken to be established if the defendant—

The defence provided by subsection (1) is to be taken to be established if the defendant—

Subsections (2) and (3) do not affect the generality of subsection (1).

If in any case the defence provided by subsection (1) involves the allegation that the commission of the offence was due to—

the defendant is not, without leave of the court, entitled to rely on that defence unless the requirement in subsection (6) is satisfied.

The requirement is that—

the defendant has served on the prosecutor a notice giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.