Victorian Current Acts Victorian Current ActsS. 3B(1) amended by No. 55/2016 s. 9(3)(c).
(1) Subject to this section, for the purposes of this Act, a tobacco or e‑cigarette advertisement is any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of 2 or more of those things, that gives publicity to, or otherwise promotes or is intended to promote—
(a) smoking; or
S. 3B(1)(b) substituted by No. 55/2016 s. 9(3)(d).
(b) the purchase or use of a tobacco product or e-cigarette product or a range of tobacco products or range of e‑cigarette products; or
S. 3B(1)(c) amended by No. 55/2016 s. 9(3)(e).
(c) the whole or a part of a trade mark that is registered under the Trade Marks Act 1955 of the Commonwealth in respect of goods that are or include tobacco products or e‑cigarette products; or
S. 3B(1)(d) amended by No. 55/2016 s. 9(3)(e).
(d) the whole or a part of a design that is registered under the Designs Act 2003 of the Commonwealth in relation to products that are or include tobacco products or e-cigarette products; or
(e) the whole or a part of the name of a person—
S. 3B(1)(e)(i) amended by No. 55/2016 s. 9(3)(e).
(i) who is a manufacturer of tobacco products or e-cigarette products; and
(ii) whose name appears on, or on the packaging of, some or all of those products; or
S. 3B(1)(ea) inserted by No. 34/2019 s. 65(1).
(ea) any other words or designs, or a combination of words and designs, that are closely associated with a person described in paragraph (e); or
S. 3B(1)(f) amended by No. 55/2016 s. 9(3)(f).
(f) any other words (for example the whole or a part of a brand name) or designs, or combination of words and designs, that are closely associated with a tobacco product or e-cigarette product or a range of tobacco products or e-cigarette products (whether also closely associated with other kinds of products).
(2) A reference in subsection (1) to a visual image or a design includes a reference to an image or design consisting of a colour or a scheme of colours.
S. 3B(3) amended by No. 55/2016 s. 9(3)(g)(i).
(3) Without limiting subsection (1), a tobacco or e‑cigarette advertisement includes—
S. 3B(3)(a) amended by No. 55/2016 s. 9(3)(g)(ii).
(a) the display of an immediate package of a tobacco product or e-cigarette product;
(b) the advertisement of cigarette papers.
S. 3B(3A) inserted by No. 34/2019 s. 65(2).
(3A) Without limiting subsection (1)(ea), words or designs, or a combination of words and designs, are closely associated with a manufacturer of tobacco products or e‑cigarette products if that manufacturer enters into a contract, agreement, partnership, sponsorship, undertaking or understanding with a person for that person to give publicity to, or otherwise promote or intend to promote, the words or designs, or a combination of words and designs.
S. 3B(4) amended by Nos 49/2009 s. 9, 55/2016 s. 9(3)(h).
(4) Words, signs or symbols that appear as part of the standard wording of an invoice, statement, order form, letterhead, business card, cheque, manual, or other document, ordinarily used in the normal course of the business of a manufacturer, distributor or retailer of tobacco products or e‑cigarette products (a business document ) do not, when so appearing, constitute a tobacco or e‑cigarette advertisement (but this does not prevent a still or moving picture, or other visual image of a business document, from being a tobacco or e-cigarette advertisement).
S. 3B(5) amended by No. 55/2016 s. 9(3)(h).
(5) Words, signs or symbols that appear in or on land or buildings occupied by a manufacturer of tobacco products or e-cigarette products do not, when so appearing, constitute a tobacco or e‑cigarette advertisement (but this does not prevent a still or moving picture, or other visual image, of words, signs or symbols that so appear from being a tobacco or e-cigarette advertisement).
S. 3B(6) amended by No. 55/2016 s. 9(3)(i).
(6) For the avoidance of doubt, the taking of any action to prevent a product from causing injury to anyone, including action—
(a) to recall a product; or
(b) to disclose a defect in, or a dangerous characteristic of, a product; or
(c) to disclose circumstances in which the use of a product is or may be dangerous; or
(d) to disclose procedures for disposing of a product—
does not constitute a tobacco or e-cigarette advertisement.
S. 3B(7) amended by No. 55/2016 s. 9(3)(j).
(7) If—
S. 3B(7)(a) amended by No. 55/2016 s. 9(3)(j).
(a) apart from this subsection, something ( the advertisement ) would, technically, be a tobacco or e-cigarette advertisement; and
S. 3B(7)(b) amended by No. 55/2016 s. 9(3)(k).
(b) it is clear from the advertisement that its sole or principal purpose is to discourage smoking or the use of tobacco products or e‑cigarette products—
then, despite subsection (1), the advertisement is not a tobacco or e-cigarette advertisement for the purposes of this Act.
(8) In this section—
"words" includes abbreviations, initials and numbers.
S. 3C inserted by No. 43/2000 s. 5, repealed by No. 28/2001
s. 4,
new s. 3C inserted by No. 31/2002 s. 6.