s. 12 (4) It is a defence to a prosecution under this section if a person proves that he or she— S. 12(4)(a) * * * * * amended by No. 83/1993 s. 4, repealed by No. 45/2005 s. 15(4)(a). S. 12(4)(b) * * * * * amended by Nos 83/1993 s. 4, 43/2000 s. 12(3), repealed by No. 45/2005 s. 15(4)(a). S. 12(4)(c) (c) at the time of the alleged offence, had seen inserted by an evidence of age document of the person No. 43/2000 s. 12(3). whose age is material to the offence, indicating that the person is of or over the age of 18 years; or S. 12(4)(d) (d) in the case of a prosecution against a inserted by manager for an offence against No. 43/2000 s. 12(3), subsection (1)— substituted by No. 45/2005 (i) had no knowledge of the primary s. 15(4)(b). offence; and (ii) had taken prevention measures in relation to the primary offender. S. 12(5) (5) In this section— inserted by No. 45/2005 of a primary offender, means— manager s. 15(5). (a) an employer of the primary offender; or (b) a person who authorised the primary offender to sell tobacco products as the person's agent; or
(4) It is a defence to a prosecution under this section if a person proves that he or she— S. 12(4)(a) amended by No. 83/1993 s. 4, repealed by No. 45/2005 s. 15(4)(a). * * * * * S. 12(4)(b) amended by Nos 83/1993 s. 4, 43/2000 s. 12(3), repealed by No. 45/2005 s. 15(4)(a). * * * * * S. 12(4)(c) inserted by No. 43/2000 s. 12(3). (c) at the time of the alleged offence, had seen an evidence of age document of the person whose age is material to the offence, indicating that the person is of or over the age of 18 years; or s. 12 S. 12(4)(d) inserted by No. 43/2000 s. 12(3), substituted by No. 45/2005 s. 15(4)(b). (d) in the case of a prosecution against a manager for an offence against subsection (1)— (i) had no knowledge of the primary offence; and (ii) had taken prevention measures in relation to the primary offender. S. 12(5) inserted by No. 45/2005 s. 15(5). (5) In this section— manager of a primary offender, means— (a) an employer of the primary offender; or (b) a person who authorised the primary offender to sell tobacco products as the person's agent; or