Tobacco and Other Smoking Products Act 1927

A person commits an offence if the person—

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

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

Maximum penalty: 50 penalty units.

A person commits an offence if the person—

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

is reckless about whether the document contains a smoking advertisement.

Maximum penalty: 50 penalty units.

Examples—unsolicited documents—par (a)

1 leaflet

2 handbill

A person commits an offence if the person—

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

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

Maximum penalty: 50 penalty units.

This section does not apply in relation to—

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

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

a personal use advertisement; or

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

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

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

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

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

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

a document ordinarily used in the course of business.

Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

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—

is for a direct or indirect financial benefit; or

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—

by payment, membership of a body or otherwise; or

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.