Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts[ Note: This provision was uncommenced at republication date. ]
(1) If an authorised officer believes on reasonable grounds that a person has contravened section 23 (1) (d), 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.
(2) A notice shall include the following statements:
(a) a statement to the effect that the person may be prosecuted for an offence against section 23 (1) (d) (Prohibited smoking advertising) if the notice is contravened;
(b) 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.
(3) A person commits an offence in relation to each day during any part of which the person contravenes a notice under subsection (1).
Maximum penalty: 5 penalty units.
(4) Conviction for an offence against subsection (3) in relation to a notice about a contravention of section 23 (1) (d) does not prevent conviction for an offence against section 23 (1) (d) in respect of the contravention.
(5) Proceedings against a person for an offence against section 23 (1) (d)—
(a) shall not be commenced unless a notice is given to the person under subsection (1); and
(b) shall not be commenced until after the period specified in the notice; and
(c) shall not be commenced if the relevant smoking advertisement is removed or obscured in accordance with that notice.
(6) If a person is convicted of an offence against section 23 (1) (d), the court, in addition to imposing any other penalty, may order that the relevant smoking advertisement be removed, or obscured, by the Territory.
(7) If a smoking advertisement is removed, or obscured, in accordance with an order under subsection (6), the person convicted of the relevant offence shall pay the Territory the reasonable costs incurred in removing or obscuring the advertisement.