Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person commits an offence if the person—
(a) sells a film, videotape, DVD or other video recording, or an audio recording, that contains a smoking advertisement; and
(b) is reckless about whether the film, videotape, DVD or other video recording, or audio recording, contains a smoking advertisement.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if the person—
(a) distributes to the public any unsolicited document that contains a smoking advertisement; and
(b) is reckless about whether the document contains a smoking advertisement.
Maximum penalty: 50 penalty units.
Examples—unsolicited documents—par (a)
1 leaflet
2 handbill
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3) A person commits an offence if the person—
(a) 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
(b) is reckless about whether the advertisement is visible or audible in or from a public place.
Maximum penalty: 50 penalty units.
(4) This section does not apply in relation to—
(a) a smoking advertisement that is an accidental or incidental accompaniment to a film, videotape, DVD or other video recording, or an audio recording; or
(b) 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
(c) a personal use advertisement; or
(d) a smoking advertisement that is displayed at a point of sale if the advertisement—
(i) is to the effect that smoking products are offered for sale to people who are 18 years old or older; and
(ii) is the only smoking advertisement (other than a price ticket mentioned in paragraph (b)) displayed at the point of sale; and
(iii) does not contain a trademark or brand name, or part of a trademark or brand name, of a smoking product; and
(iv) does not contain the name of a manufacturer or distributor of a smoking product; and
(v) is not larger than A5 paper size (148mm x 210mm); or
(e) a document ordinarily used in the course of business.
(5) 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—
(a) is for a direct or indirect financial benefit; or
(b) 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.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"public place" means a place to which the public or a section of the public has access, whether—
(a) by payment, membership of a body or otherwise; or
(b) 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.