(1) Subject to the provisions of subsection (2), in any criminal proceedings under this Act, it shall be a defence if the defendant establishes —
(a) that the contravention in respect of which the proceedings are instituted was due to —
(i) a mistake;
(ii) an accident or some other cause beyond his or her control which accident or other cause may or may not involve another person; or
(iii) the act or default of another person; and
(b) that he or she took reasonable precautions and exercised due diligence to avoid the contravention.
(2) Where a defendant relies on any defence under subsection (1)(a)(ii) or if applicable under subsection (1)(a)(iii) the defendant shall first obtain leave of the court in order to rely on the defence, unless before the day on which the hearing of the proceedings commences, the defendant serves on the person who instituted the proceedings a notice in writing giving such information, as was then in his or her possession, that would identify or assist in the identification of the other person.