Victorian Consolidated Legislation

Food Act 1984 - SECT 17C

Defence relating to publication of advertisements

17C. Defence relating to publication of advertisements



(1) In any proceedings for an offence under this Part in relation to the
publication of an advertisement, it is a defence for a person to prove that
the person carried on the business of publishing or arranging for the
publication of advertisements and that the person published or arranged for
the publication of the advertisement in question 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)  had previously been informed in writing by the Secretary that
        publication of such an advertisement would constitute 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 advertisements concerned were
        published.