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In forceAmended2020 Revised Edition

Part 2 · Control of Advertisements Relatingto Tobacco Products, Vaporisers and Imitation Tobacco Products

4. Defences

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Amended

Last amended by an amending law of 2016.

Where a person is charged with an offence for contravening section 3(1) in relation to an unauthorised advertisement, it is a defence for the person charged to prove, on a balance of probabilities, that —

(a)

the person was acting in the course of a business of delivering, transmitting or broadcasting communications (in whatever form or by whatever means) or making data available, and the nature of the business is such that persons undertaking it have no control over the nature or content of the communications or data; or

(b)

the person did not know and had no reason to believe that the advertisement was of a type described in section 3(1).

Report

Part 3

Control of Import, Sale, Etc., of Tobacco Products, Vaporisers and Imitation Tobacco Products

Part 3A

Control of Part 3A Products Containing Specified Psychoactive Substances, and Treatment and Rehabilitation

Part 3B

Duties of Responsible Persons in Relation to Specified Premises

Part 4

Enforcement and Miscellaneous

Schedules