(1) Subject to subsection (2), it is a defence in proceedings for an offence relating to the sale of an article in breach of a provision of this Part or of the Regulations to prove that

(a) the accused sold the article in the same package and in the same condition as it was when it was bought, and

(b) the accused could not with reasonable diligence have ascertained that the sale of the article would be in breach of this Part or of the Regulations.

(2) An accused person who desires to rely on subsection (1) shall give notice of that intention at least ten days before the date of the trial and shall disclose to the prosecution the name of the person from whom the article was bought and the date of the purchase.