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Sch 1 (National Credit Code), s 151

Persons liable for advertisements

In force
Volume 1Chapters 1 to 6 (sections 1 to 322)
Chapter 6Compliance and enforcement
Part 6-7AProduct intervention orders
Division 2Product intervention orders

151 Persons liable for advertisements

(1)

A person is, in the absence of proof to the contrary, taken to have caused an advertisement to be published if:

(a)

the person provides credit, owns or has an interest in any goods, or supplies or has an interest in the supply of any goods or services, which the advertisement promotes; and

(b)

the advertisement specifies the name, business name, address, telephone number, facsimile number or post office box number of the person or the person’s agent.

(2)

It is a defence to a charge under section 150 of causing an advertisement that does not comply with that section to be published if the person charged proves that he or she could not, by the exercise of reasonable care, have prevented the noncompliance to which the offence relates.

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