What are some examples of fines for the unlawful delivery of advertising material?
The local gym asks patrons to take a handful of promotional brochures and to ‘plaster the neighbourhood with them. Some patrons place the brochures under car windscreen wipers. • Appropriate penalty notice: ‘Cause or ask person to contravene section 146A or 146B (section 146C)’, issued to the company that runs the gym – $400. A pest inspection business provides its employees with a supply of brochures for distribution to nearby premises when they have completed a residential pest inspection. Some employees leave the brochures on the boundary gates and walls of neighbouring properties. • A penalty notice could be issued either to the employee (section 146A) or to the pest inspection company (section 146A, under the common law of the vicarious liability of employers for the actions of their employees). • In many cases it may be more appropriate to issue the penalty notice to the employer. This way employers learn about the outcomes of their advertising distribution activities and are enc
