§ 18 — Notice to Minister by Level A controller

18.—(1) If a person becomes, on or after the designation date, a Level A controller of a designated entity, that person must, within 7 days after becoming the Level A controller, give notice in writing to the Minister of that fact.(2) Subsection (1) does not apply if Level A% is equal to Level B%, Level C% or Level D%.

(3) A person who contravenes subsection (1) shall be guilty of an offence.

(4) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused —(a)

was not aware of the contravention when it occurred; and

(b)

notified the Minister of the contravention within a period of 14 days after becoming aware of the contravention.

(5) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that, though the accused was aware of the contravention —(a)

the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity;

(b)

the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; and

(c)

the accused notified the Minister of the contravention within a period of 7 days after the contravention.

(6) Except as provided in subsections (4) and (5), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1).

—(1) If a person becomes, on or after the designation date, a Level A controller of a designated entity, that person must, within 7 days after becoming the Level A controller, give notice in writing to the Minister of that fact.

(2) Subsection (1) does not apply if Level A% is equal to Level B%, Level C% or Level D%.

(3) A person who contravenes subsection (1) shall be guilty of an offence.

(4) In any proceedings for an offence in relation to a contravention of subsection (1), it is a defence for the accused to prove that the accused —(a)

was not aware of the contravention when it occurred; and

(b)

notified the Minister of the contravention within a period of 14 days after becoming aware of the contravention.

(5) In any proceedings for an offence in relation to a contravention of subsection (1), it is also a defence for the accused to prove that, though the accused was aware of the contravention —(a)

the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity;

(b)

the accused has no agreement or arrangement (whether oral or in writing and whether express or implied) with that associate with respect to the acquisition, holding or disposal of equity interests or other interests, or under which they act together in exercising their voting power, in relation to the designated entity; and

(c)

the accused notified the Minister of the contravention within a period of 7 days after the contravention.

(6) Except as provided in subsections (4) and (5), it is not a defence in any proceedings for an offence in relation to a contravention of subsection (1) to prove that the accused did not intend to or did not knowingly contravene subsection (1).