Queensland Consolidated Acts

FOOD ACT 2006 - SECT 42

(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--

(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.

(2) Subsection (1) does not apply if the person--

(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.