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Prohibition on branded clothing and merchandise
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151. (1) Subject to subsection (3), a person shall not—
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(a) manufacture, for sale in the State,
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(b) import, for sale in the State, or
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(c) sell, supply or provide free of charge, to a person in the State,
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a branded article of clothing or merchandise intended to be worn or used by a child.
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(2) A person shall not distribute a branded article of clothing or merchandise at an event which may be attended by children.
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(3) Subsection (1) shall not apply to clothing or merchandise offered for sale, supplied or provided free of charge, within a period of 12 months commencing on the date this section comes into operation.
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(4) Where, in the prosecution of an offence under this section, the defendant asserts that subsection (3) applies, the onus of proving that the clothing or merchandise concerned was offered for sale, supplied or provided free of charge, within the period of 12 months referred to in that subsection, shall lie with the defendant.
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(5) A person who contravenes subsection (1) or (2) is guilty of an offence and is liable—
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(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both, or
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(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years, or both.
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(6) In this section, “branded article of clothing or merchandise” means an article of clothing or merchandise that—
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(a) advertises a relevant gambling activity, or
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(b) bears, in relation to a licensee of a Business to Consumer gambling licence or a Business to Business gambling licence—
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(i) the name of the licensee, or
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(ii) a trademark, emblem, marketing image or logo of the licensee by reference to which a relevant gambling activity or a relevant gambling product or relevant gambling related service is provided or marketed.
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