Australian Capital Territory Consolidated Acts

FOOD ACT 2001 - SECT 28

    (1)     In a proceeding for an offence against this part in relation to the publication of an advertisement, it is a defence if the defendant proves that the defendant—

        (a)     conducted the business of publishing or arranging for the publication of advertisements; and

        (b)     published or arranged for the publication of the advertisement in the ordinary course of the business.

    (2)     Subsection (1) does not apply if the defendant—

        (a)     should reasonably have known that the publication of the advertisement was an offence; or

        (b)     had previously been told in writing by an authorised officer that publication of such an advertisement would be an offence; or

        (c)     is the proprietor of a food business or is otherwise engaged in the conduct of a food business for which the advertisement was published.