Section 17

Subject to the provisions of any other written law, any person who-

{a)

prints, publishes or causes to be printed or published or takes part in the publication of, any tobacco product advertisement;

{b)

displays or affixes, or causes or permits to be displayed or affixed, a tobacco advertisement;

{c)

sells, or causes or permits to be sold, any magazine, newspaper, film or videotape or any other thing that contains a tobacco product advertisement; or

{d) distributes, or causes or permits to be distributed, any tobacco product advertisement, is guilty of an offence and liable on conviction to a fme not exceeding $10,000, imprisonment for a term not exceeding 6 months or both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000, imprisonment for a term not exceeding one year or both.

The Minister may approve, for such time and upon such conditions as he may think fit, the publication of an advertisement or class of advertisement which mentions or refers to the brand name associated with or the name or trade 997

BRUNEI DARUSSALAM GOVERNMENT GAZETTE name of a person associated or concerned in the manufacture, distribution or marketing of a tobacco product for the purpose of promoting or identifying any goods or services unconnected with any tobacco product which are manufactured, distributed, marketed or provided by that person.

Subsection (2) does not apply to any advertisement or class of advertise-ment which, directly or indirectly, leads to, induces, urges, promotes or encourages the use of any tobacco product for the purpose of smoking.

Any application for approval under subsection (2) shall be made in such form and with such particulars as the Minister may determine.

Where any person fails to comply with any condition imposed under subsection (2), the Minister may cancel the approval in relation to which that condition was imposed without assigning a reason therefor.

Defence.