Part IIRegulated And Prohibited Activities

Offences

25Contravention of section 21

1

A person who contravenes section 21(1) is guilty of an offence and liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

2

In proceedings for an offence under this section it is a defence for the accused to show—

a

that he believed on reasonable grounds that the content of the communication was prepared, or approved for the purposes of section 21, by an authorised person; or

b

that he took all reasonable precautions and exercised all due diligence to avoid committing the offence.