21Defence—advertising pursuant to pre‑1 April 1992 contracts or arrangements

#### 21 Defence—advertising pursuant to pre‑1 April 1992 contracts or arrangements (1) It is a defence to a prosecution of a person for an offence against subsection 15(1), (2) or (3) in respect of the publication of a tobacco advertisement if the person proves that: (a) the publication was under a contract or arrangement entered into before 1 April 1992 for the sponsorship of an event, activity or service; and (b) if the terms of the contract or arrangement, in so far as they relate to things other than the period to which it applies, were varied on or after 1 April 1992 and before the publication—if the contract or arrangement had not been so varied, the publication could still be said to have been under the contract or arrangement; and > Note: Even if the period to which the contract or arrangement applies has been varied, paragraphs (c) and (d) must still be satisfied. (c) if the advertisement was published in connection with a cricket match, or a series of cricket matches—the advertisement was published before 1 May 1996; and (d) if paragraph (c) does not apply—the advertisement was published before 1 January 1996; and (e) before the publication of the advertisement, each of the parties to the contract or arrangement notified the Minister, in writing, of: (i) the date on which the contract or arrangement was entered into; and (ii) particulars of the contract or arrangement in so far as it relates to the publication of tobacco advertisements, including the circumstances of publication of the advertisements and the nature of the advertisements. (2) For the purposes of this section, if: (a) a party to a contract or arrangement of a kind referred to in paragraph (1)(a), for the purposes of publishing a tobacco advertisement under the contract or arrangement, engaged (whether before or after 1 April 1992) another person to do something that amounted to publishing the advertisement; and (b) the other person did that thing and, consequently, published the advertisement; the other person is taken to have published the advertisement under the contract or arrangement.