Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts[ Note: This provision was uncommenced at republication date. ]
(1) A point of sale display of a product line of a smoking product (other than cigars) at a retail outlet may consist of the advertisement or display of the product line at the point of sale in 1 only of the following ways:
(a) by a single representation of an immediate package of the product line in the form in which the package is available, or usually available, for sale (including the representation of an immediate package if only cartons are available for sale)—
(i) no larger than the actual size of the package, with the same appearance as the package; and
(ii) for a tobacco product—including a representation of the health warning (if any) with which the package is required to be labelled under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 1994 (Cwlth); and
(iii) for a herbal product—including a health warning prescribed under the regulations;
(b) by the display of a single immediate package of the product line in the form in which the package is available, or usually available, for sale (including the display of an immediate package if only cartons are available for sale);
(c) by a stack dispenser for immediate packages of the product line that complies with subsection (3).
(2) A point of sale display of a product line of cigars at a retail outlet may consist of the advertisement or display of the product line at the point of sale in 1 only of the following ways:
(a) by a single representation of an immediate package of the cigars in the form in which the package is available, or usually available, for sale (including the representation of an immediate package if only cartons are available for sale)—
(i) no larger than the actual size of the package, with the same appearance as the package; and
(ii) for a tobacco product—including a representation of the health warning (if any) with which the package is required to be labelled under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 1994 (Cwlth); and
(iii) for a herbal product—including a health warning prescribed under the regulations;
(b) by the display of a single immediate package of the cigars in the form in which the package is available, or usually available, for sale (including the display of an immediate package if only cartons are available for sale);
(c) by a stack dispenser for immediate packages of the cigars that complies with subsection (3);
(d) by a single representation of 1 of the cigars in the form in which the cigar is available, or usually available, for sale (including the representation of a cigar if only packages of the cigars are available for sale), no larger than the actual size of the cigar, with the same appearance as the cigar;
(e) by the display of either or both of the following:
(i) up to 13 of the cigars in an open box, or in any other manner;
(ii) a single closed box full of the cigars in the form in which the box is available for sale.
(3) The display of a product line by a stack dispenser for immediate packages of the product line is permitted at a point of sale if—
(a) in the case of packages stacked directly behind each other (from the point of view of the customer's side of the customer service area) (an "angled stack")—the most that is displayed at the front of the stack is the face, or any part, of a single package; and
(b) in the case of an angled stack—only the following parts (if any) of the other packages in the stack are displayed:
(i) the tops;
(ii) the sides;
(iii) the bottoms; and
(c) in the case of packages stacked on top of each other—no part of more than a single package in the stack is displayed.
(4) A point of sale display of smoking products may not consist of the display of the products, packages of the products, or representations of the products or packages, so as to constitute a smoking advertisement itself as distinct from the display of each product, package or representation.