Tobacco and Other Smoking Products Act 1927

If an authorised officer believes on reasonable grounds that a person has contravened section 23 (3), the officer may give the person a written notice requiring the relevant smoking advertisement to be removed, or obscured, in a specified way, within 3 days after the notice is given.

A notice must include the following statements:

a statement to the effect that the person may be prosecuted for an offence against section 23 (3) (Prohibited smoking advertising) if the notice is contravened;

a statement to the effect that the person may also be prosecuted for an offence under subsection (3) for each day during any part of which the contravention continues.

A person commits an offence if the person contravenes a notice under subsection (1).

Maximum penalty (for each day): 5 penalty units.

Note See the Legislation Act, s 193 (Continuing offences).

Conviction for an offence against subsection (3) in relation to a notice about a contravention of section 23 (3) does not prevent conviction for an offence against section 23 (3) in respect of the contravention.

Proceedings against a person for an offence against section 23 (3)—

must not be commenced unless a notice is given to the person under subsection (1); and

must not be commenced until after the period specified in the notice; and

must not be commenced if the relevant smoking advertisement is removed or obscured in accordance with that notice.

If a person is convicted of an offence against section 23 (3), the court, in addition to imposing any other penalty, may order that the relevant smoking advertisement be removed, or obscured, by the Territory.

If a smoking advertisement is removed, or obscured, in accordance with an order under subsection (6), the person convicted of the relevant offence must pay the Territory the reasonable costs incurred in removing or obscuring the advertisement.