Unsolicited Electronic Messages Act 2007 No 7 (as at 21 October 2011), Public Act

12 Defences
  • (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)