(1) A person who sends an electronic message, or causes an electronic message to be sent, in contravention of section 9, 10, or 11 has a defence if—
(a) that person sent the message, or caused the message to be sent, by mistake; or
(b) the message was sent without that person's knowledge (for example, because of a computer virus or a malicious software programme).
(2) A person who wishes to rely on a defence in subsection (1) has the onus of proof in relation to that matter.
Compare: Spam Act 2003 ss 16(4), (5), 17(3), (4), 18(4), (5) (Aust)