Advertisements
51 Advertisements
In this section—
advertisement, without affecting the generality of the expression, includes any notice, sign, label, circular and any similar thing, and includes any matter that is not writing but which, by reason of the form or context in which it appears, conveys a message, and
a reference to the publishing of an advertisement is a reference to the publishing of the advertisement by any means including the publishing thereof in a newspaper or periodical, by radio or television broadcast or in a film.
A person shall not publish or cause to be published an advertisement that indicates an intention to do an act that is unlawful under this Act.
Maximum penalty—50 penalty units in the case of a body corporate or 10 penalty units in any other case.
For the purposes of subsection (2), but without limiting the generality of that subsection, the use of a word which, by reason of its gender, denotes a person or persons of a particular sex—
as or as part of—
the description of a job offered, or
the description of a class of persons to whom any offer or invitation is made,
by an advertisement, or
as or as part of a classification or heading under which an advertisement which makes any offer or invitation is published, shall be taken to indicate the intention that the offer of the job or other offer or invitation made by the advertisement is made only to persons of that sex, unless the contrary intention appears in the advertisement or in the classification or heading.
In proceedings for an offence under subsection (2), it is a defence for the defendant to prove that he or she believed on reasonable grounds that the publication of the advertisement was not an offence under that subsection.
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