Food Act 2006
sec.42Defence relating to publication of advertisements
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sec.42 Defence relating to publication of advertisements
In proceedings for an offence under this chapter in relation to the publication of an advertisement, it is a defence for a person to prove that— the person carried on the business of publishing or arranging for the publication of advertisements; and the person published or arranged for the publication of the advertisement concerned in the ordinary course of that business. Subsection (1) does not apply if the person— should reasonably have known that the publication of the advertisement was an offence; or is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or had previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence. (sec.42-ssec.1) In proceedings for an offence under this chapter in relation to the publication of an advertisement, it is a defence for a person to prove that— the person carried on the business of publishing or arranging for the publication of advertisements; and the person published or arranged for the publication of the advertisement concerned in the ordinary course of that business. (sec.42-ssec.2) Subsection (1) does not apply if the person— should reasonably have known that the publication of the advertisement was an offence; or is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or had previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence.
- (a) the person carried on the business of publishing or arranging for the publication of advertisements; and
- (b) the person published or arranged for the publication of the advertisement concerned in the ordinary course of that business.
- (a) should reasonably have known that the publication of the advertisement was an offence; or
- (b) is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published; or
- (c) had previously been informed in writing by the chief executive that publication of an advertisement of that type would constitute an offence.