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Amendments to the Tobacco Advertising and Promotion Bill

Tobacco Advertising and Promotion Bill



Clause 16



Page 9, line 22, at end insert—
"(   )  In the absence of evidence which establishes beyond reasonable doubt that tobacco advertising as prohibited by section 2 or 3 of this Act or by regulations made under this Act would increase overall consumption or induce young persons to smoke, no penalty may be imposed under of by virtue of any provision of this Act if, at the conclusion of the hearing on an alleged offence, notice of intention is given—
(a)  to seek a judicial declaration of non-conformity of the Act with the provisions of articles 8 or 10 of the European Convention on Human Rights; and
(b)  to apply to the European Court of Justice for a declaration that, contrary to the provisions of the European Union Treaty, the Act distorts competition within the single market and inhibits the freedom to provide goods and services.
(   )  Steps to institute proceedings under subsection (   ) above must be taken within 28 days from the conclusion of the hearing on the alleged offence.
(   )  A penalty may only be imposed after it has been determined judicially that the Act is in conformity with the European Convention on Human Rights or the European Union Treaty."

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3 April 2001