Australian Capital Territory Current Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1927 - SECT 23

    (1)     A person commits an offence if the person—

        (a)     sells a film, videotape, DVD or other video recording, or an audio recording, that contains a smoking advertisement; and

        (b)     is reckless about whether the film, videotape, DVD or other video recording, or audio recording, contains a smoking advertisement.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if the person—

        (a)     distributes to the public any unsolicited document that contains a smoking advertisement; and

        (b)     is reckless about whether the document contains a smoking advertisement.

Maximum penalty: 50 penalty units.

Examples—unsolicited documents—par (a)

1     leaflet

2     handbill

    (3)     A person commits an offence if the person—

        (a)     places, displays or broadcasts a smoking advertisement (including a smoking advertisement for a tobacco product at or on a place where tobacco products are for sale); and

        (b)     is reckless about whether the advertisement is visible or audible in or from a public place.

Maximum penalty: 50 penalty units.

    (4)     This section does not apply in relation to—

        (a)     a smoking advertisement that is an accidental or incidental accompaniment to a film, videotape, DVD or other video recording, or an audio recording; or

        (b)     a single price ticket at a point of sale for each product line for sale (or usually available for sale) at the point of sale; or

        (c)     a personal use advertisement; or

        (d)     a smoking advertisement that is displayed at a point of sale if the advertisement—

              (i)     is to the effect that smoking products are offered for sale to people who are 18 years old or older; and

              (ii)     is the only smoking advertisement (other than a price ticket mentioned in paragraph (b)) displayed at the point of sale; and

              (iii)     does not contain a trademark or brand name, or part of a trademark or brand name, of a smoking product; and

              (iv)     does not contain the name of a manufacturer or distributor of a smoking product; and

              (v)     is not larger than A5 paper size (148mm x 210mm); or

        (e)     a document ordinarily used in the course of business.

    (5)     In this section:

"personal use advertisement" means the placement, display or broadcast of a smoking advertisement, or of an object displaying a smoking advertisement, in the course of the personal use of the advertisement or object, unless the placement, display or broadcast—

        (a)     is for a direct or indirect financial benefit; or

        (b)     is undertaken in the course of a business that involves the sale of smoking products or the management of a retail outlet.

Example—personal use

The wearing of a T-shirt displaying a smoking advertisement by a person who is not paid to wear the T-shirt.

"public place" means a place to which the public or a section of the public has access, whether—

        (a)     by payment, membership of a body or otherwise; or

        (b)     by entitlement or permission.

Examples—public places

1     business premises, including professional, trade and commercial premises and wholesale outlets

2     a cinema or theatre

3     a club, hotel or motel

4     a community centre, hall or public library

5     government premises

6     a hostel or nursing home

7     a place of worship

8     a public transportation vehicle (including, a bus, taxi or boat)

9     a restaurant or cafeteria

10     a school, college or university

11     a shopping centre, mall or plaza

12     sporting or recreational premises.