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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 22
Defence—display of signs before 31 December 1995
- (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 display of a
tobacco advertising sign if the person proves that:
(a) the sign was
displayed under a contract or arrangement entered into before 1 April
1992; and
(b) if the terms of the contract or arrangement were varied on or after
1 April 1992—if the contract or arrangement had not been so
varied, the display of the sign could still be said to have been under
the contract or arrangement; and
(c) the display of the sign was permitted by regulations made for the
purposes of subsection (2).
- (2)
- The regulations may permit the
display, in specified circumstances, and before a specified date not
later than 31 December 1995, of tobacco advertising signs of a
specified size and composition.
- (3)
- In this section:
"sign" includes an electronic installation used to display advertisements.
"tobacco advertising sign" means a sign that is or contains a
tobacco advertisement.
Division 3 (ss 23-25) [Not in operation- see
Note 2]
TOBACCO ADVERTISING PROHIBITION ACT 1992
- SECT
26 Failure to broadcast or publish advertisement not actionable if Act would
be contravened
No action of any kind lies in any court against a person for refusing or
failing to broadcast or publish a tobacco advertisement if the broadcast or
publication is prohibited by this Act.
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