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39.(1) It is unlawful to publish or cause to be published an advertisement which indicates, or might reasonably be understood as indicating, an intention by a person to do any act which is or might be unlawful by virtue of Part III or IV. (2) Paragraph (1) does not apply to an advertisement if the intended act would not in fact be unlawful. (3) For the purposes of paragraph (1), use of a job description with a sexual connotation (such as "waiter", "salesgirl", "postman" or "stewardess") shall be taken to indicate an intention to discriminate, unless the advertisement contains an indication to the contrary. (4) The publisher of an advertisement made unlawful by paragraph (1) shall not be subject to any liability under that paragraph in respect of the publication of the advertisement if he proves (a)that the advertisement was published in reliance on a statement made to him by the peron who caused it to be published to the effect that, by reason of the operation of paragraph (2), the publication would not be unlawful, and (b)that it was reasonable for him to rely on the statement. (5) A person who knowingly or recklessly makes a statement such as is referred to in paragraph (4) which in a material respect is false or misleading commits an offence, and shall be liable on summary conviction to a fine not exceeding #400.
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