(a)
"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
(b) 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.
(2) 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.
(3) 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--
(a) as or as part of--
(i) the description of a job offered,
or
(ii) the description of a class of persons to whom any offer or invitation
is made,
(b) 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.
(4) 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.
