Part 4: Consumer rights and disputes Offences relating to unfair commercial practices Section 238: Defence of due diligence and innocent publication
This section sets out the circumstances in which the person accused (defendant) may rely on the due diligence and innocent publication defences for offences under section 237 that are misleading actions, misleading omissions, aggressive practices, omitting material information from an invitation to purchase, and the specific practices outlined in the schedule of commercial practices in Schedule 20. The defences do not apply in relation to an offence involving the contravention of the requirements of professional diligence.
	Subsection (1) covers the defence of due diligence and sets down what the defendant charged with a relevant offence (see above) must prove to rely on this defence. Subsection (4) requires the defendant to obtain the court’s permission before relying on a third- party defence (i.e. the offence was due to the act or omission of a person other than the defendant) unless written notice of such a defence has been given to the prosecuting enforcer at least 7 days before the hearing and containing the information set out in subsection (4), paragraph (a).
	Subsections (2) and (3) cover the defence of innocent publication, which is available when the defendant is charged with a relevant offence (see above) that is alleged to have been committed by the publication of an advertisement. Subsection (3) sets down what the defendant must prove to rely on a defence of innocent publication.