South Australian Current Regulations South Australian Current Regulations (1) For the purposes
of section 40(3)(c) of the Act, the following action is prescribed:
(a) the
display of a single sign inside premises where tobacco products or e-cigarette
products are sold by retail, provided that the sign contains only, in black
text no larger than 40 mm high on a white background, the words—
(i)
tobacco products sold here; or
(ii)
cigarette cartons sold here; or
(iii)
cigarettes sold here;
(b) the
advertisement of a tobacco product or e-cigarette product in or on a
periodical—
(i)
in hard copy that is printed outside Australia; and
(ii)
that is not principally intended for distribution or use
in Australia; and
(iii)
that consists of no more than selling or supplying, or
offering to sell or supply, the periodical;
(c) the
advertisement of a tobacco product that is an accidental or incidental
accompaniment to the publication of other matter;
(d) the
sale or delivery of a product containing an advertisement—
(i)
of a kind referred to in paragraph (b) or (c); or
(ii)
of a tobacco product in or on a package containing the
product (being a package in which the product is offered for sale in the
ordinary course of business);
(e) the
advertisement of a tobacco product consisting of, or reasonably incidental to,
the display, at the request of a customer, of the product to the customer
inside premises where the products are sold by retail;
(f) the
advertisement of a tobacco product that is reasonably incidental to—
(i)
the sale or delivery of the product;
(ii)
the genuine restocking of an area in which the products
are stored in accordance with the Act pending their sale;
(g) the
advertisement of a tobacco product in premises where tobacco products are only
sold by retail in cartons consisting of a single sign attached to or adjacent
to a point of sale containing only, in black standardised font no
larger than 40 mm high on a white background, the words "cartons only
sold here";
(h) the
advertisement of a tobacco product on the premises of the business of a
distributor or manufacturer of those products consisting of a sign or signs
displaying—
(i)
the business name or company name of the business; or
(ii)
the registered trade mark of the business (whether or not
together with the business name or company name),
erected or displayed in accordance with any other Act or law relating to such
signage;
(i)
the advertisement of a tobacco product to a group of
people all of whom are involved in the manufacture, distribution or sale of
those products;
(j) the
advertisement of a tobacco product on a price board in premises where such
products are sold by retail, provided that—
(i)
there is only a single such price board in the premises;
and
(ii)
the total surface area of the visible parts of the board
does not exceed—
(A) if the price board is in the
premises of a specialist tobacconist—1 m²; or
(B) in any other
case—0.5 m²; and
(iii)
the board consists of black text on a completely white
background; and
(iv)
the text on the board is a standardised font not
exceeding 20 mm in height; and
(v)
the information on the board does not relate to—
(i)
fruit or confectionary flavoured cigarettes; or
(ii)
capsule cigarettes; and
(vi)
the information on the board is limited to any 1 or more
of the following details:
(A) the names of particular product lines;
(B) the prices of particular product lines
(displayed in a way that does not indicate that a particular product line has
been discounted);
(C) the country of origin of particular
product lines;
(D) a bar code or similar identification
code used in the point of sale system of the retailer's business;
(F) the packet size of particular
product lines (by weight or number of tobacco products contained in the packet
or carton);
(k) the
advertisement of tobacco products by price tickets relating to particular
product lines in premises where such products are sold by retail, provided
that—
(i)
all price tickets in the premises are of an approximately
equal size (but in any case not exceeding 80 mm × 40 mm); and
(ii)
each price ticket consists of black text on a completely
white background; and
(iii)
the text on each price ticket is a standardised font not
exceeding 15 mm in height; and
(iv)
the price ticket does not relate to—
(i)
fruit or confectionary flavoured cigarettes; or
(ii)
capsule cigarettes; and
(v)
the information on each price ticket is limited to any 1
or more of the following:
(A) the name of the product line;
(B) the price of the product line
(displayed in a way that does not indicate that the product line has been
discounted);
(C) the country of origin of the
product line;
(D) a bar code or similar identification
code used in the point of sale system of the retailer's business;
(E) any other information reasonably
required for the efficient conduct of the retailer's business;
(G) the packet size (by weight or by number
of tobacco products contained in the packet or carton).
(4) For the purposes
of this regulation, premises will be taken to be the
"premises of a specialist tobacconist" if—
(a) a
person sells tobacco products by retail in the premises in the ordinary course
of business; and
(b)
during—
(i)
in the case of a business that has been trading for a
period of more than 1 financial year—the immediately preceding
financial year; or
(ii)
in any other case—the period for which the business
has been trading,
the gross turnover of all tobacco products sold at the premises constitutes
80% or more of the gross turnover of all products sold at the premises during
the relevant period; and
(c) in
the case where the premises are situated within another shop—
(i)
the premises are separated from the other shop by means
of internal walls or doors; and
(ii)
a person is not able to use the premises as a
thoroughfare to gain entry to the other shop from outside the premises.
(5) In this
regulation—
"periodical" means an issue (however described) of a newspaper, magazine,
journal, newsletter, or other similar publication, issues of which are
published at regular or irregular intervals.