Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_42c:p2
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 42C (pt 2/2)
Character Range: 12124–12864

publishes or broadcasts; or
 (ii) causes to be published or broadcast;
  in specified media, an approved advertisement; and
 (b) the person's action is in contravention of a condition to which the approval of the advertisement is subject.

Penalty: 60 penalty units.

 (7) It is a defence to a prosecution under subsection (6) if the person prosecuted is a publisher or broadcaster who received the advertisement to which the prosecution relates for publication or broadcasting in specified media in the ordinary course of business.

Note: A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3 of the Criminal Code).

 (8) An offence against this section is an offence of strict liability.