Public Health Act 1997

A person must not display, publish or broadcast a smoking product advertisement so that it can be seen or heard in or from a public place. Fine not exceeding – for a first offence, 50 penalty units; and for a subsequent offence, 200 penalty units.

Subsection (1) does not apply to – a smoking product advertisement in or on a newspaper or book, the sole or main purpose of which is not the promotion or publicising of the purchase or use of a smoking product or a trademark or brand name of a smoking product; or a smoking product advertisement – on a packet containing a smoking product, if the packet forms part of the packaging and labelling of the smoking product in accordance with any relevant guidelines for the purposes of section 73; or that is in accordance with any relevant guidelines; or a smoking product advertisement that is – part of a live stage performance; or an incidental accompaniment to a film or video tape that is not wholly or mainly concerned with the promotion of smoking products; or any other matter or activity or class of matter or activity declared by the Minister by order.

Unless the contrary is proved, a smoking product advertisement is presumed to be designed to promote or publicise a smoking product if it contains the trademark or brand name of a smoking product.