Section 6

in the case of a first conviction, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding one year or to both; and

in the case of a subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 2 years or to both.

that an advertisement was published referring to any article or articles of any description, in terms calculated to lead to the use of that article or articles of that description —

in the case of a contravention of section 3, for the treatment of human beings for any such disease or condition as is mentioned in the Schedule; or

in the case of a contravention of section 5, for procuring the miscarriage of women; and

that the advertisement also referred to the article or articles in terms calculated to indicate that it or they were manufactured, produced, imported, sold or offered for sale by the person charged,then, unless the contrary is proved, it shall be presumed for the purpose of those proceedings that that person took part in the publication of the advertisement, but without prejudice to the liability of any other person.

that the advertisement to which the proceedings relate was published in such circumstances that he did not know and had no reason to believe that he was taking part in the publication thereof; or

that the advertisement was published only in a publication of a technical character intended for circulation mainly amongst persons of the following classes, or of one or some of them:

registered medical practitioners;

registered dentists;

registered nurses and midwives;

registered pharmacists and holders of licences to sell poisons set out in the Schedule to the Poisons Act 1938;

persons undergoing training with a view to becoming registered medical practitioners, registered dentists, registered nurses or registered pharmacists.