MAM-2.12 MAM-2.12 Parity of Information
MAM-2.12.1
In any proceedings against a person for a contravention of sections MAM-2.2 or MAM-2.3 because the person entered into, or procured another person to enter into, a transaction or agreement at a time when certain information was in the first-mentioned person's possession, it is a defence if the court is satisfied that:
(a) The information came into the first-mentioned person's possession solely as a result of the information having been disclosed widely enough; or(b) The other party to the transaction or agreement knew, or ought reasonably to have known of the information before entering into the transaction or agreement.November 2010MAM-2.12.2
In any action against a person for a contravention of sections MAM-2.2 or MAM-2.3 because the person communicated information, or caused information to be communicated, to another person, it is a defence if the court is satisfied that:
(a) The information came into the first-mentioned person's possession solely as a result of the information having been disclosed widely enough; or(b) The other person knew, or ought reasonably to have known, of the information before the information was communicated.November 2010