Commonwealth Consolidated Acts

TOBACCO ADVERTISING PROHIBITION ACT 1992 - NOTES

This compilation was prepared on 17 June 2004
taking into account amendments up to Act No. 148 of 2003
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra

Note 1

The Tobacco Advertising Prohibition Act 1992 as shown in this compilation comprises Act No. 218, 1992 amended as indicated in the Tables below.
For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.
For all other relevant information pertaining to application, saving or transitional provisions see Table A.

Table of Acts

(a) The Tobacco Advertising Prohibition Act 1992 was amended by Schedule 3 (item 7) only of the Broadcasting Services Amendment (Digital Television and Datacasting) Act 2000, subsection 2(2) of which provides as follows:

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day to be fixed by Proclamation.

(b) The Tobacco Advertising Prohibition Act 1992 was amended by Schedule 3 (item 549) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(c) Subsection 2(1) (item 2) of the Designs (Consequential Amendments) Act 2003 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

[see NOTE below] Subsections 17(2)-(5) and Division 3 of Part 3 (sections 23-25) provide as follows:

(2)

The Minister may, by notice in writing published in the Gazette, exclude the application of subsection (1) to:

(a) a specified periodical; or
(b) a specified class of periodicals;

if, and only if, the Minister is satisfied, having regard to the guidelines in force under subsection (4), that it is not appropriate for subsection (1) to apply to the periodical, or to the periodicals in the class, as the case requires.

(3)

A notice under subsection (2) comes into force:

(a) on the day when it is published in the Gazette; or
(b) if a later day is specified in the notice as the day when it is to come into force—on that later day.

(4)

The Minister may, by writing, determine guidelines for the purposes of subsection (2).

(5)

An instrument under subsection (4) determining guidelines is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.

A person must not, on or after 1 July 1993, knowingly or recklessly, import into Australia a periodical:

(a) that contains a tobacco advertisement (other than a tobacco advertisement that appears as an incidental accompaniment to other matter); and
(b) that is covered by a notice in force under subsection 17(2).

Penalty: $12,000.

It is a defence to a prosecution of a person for an offence against section 23 in respect of the importation of a periodical if the person proves that the periodical was imported for the person's private use.

It is a defence to a prosecution of a person for an offence against section 23 in respect of the importation of a periodical if the person proves that the periodical was imported for the purpose of its inclusion in the collection of an exempt library.

Subsection 2(2) of the Tobacco Advertising Prohibition Act 1992 provides as follows:

(2)

Subsections 17(2) to (5) (inclusive) and Division 3 of Part 3 commence on a day to be fixed by Proclamation.

As at 17 June 2004 no date had been fixed for the commencement of subsections 17(2)-(5) and Division 3 of Part 3.
[NOTE] The Tobacco Advertising Prohibition Act 1992 was amended by Schedule 1 (item 11) of the Tobacco Advertising Prohibition Amendment Act 1995. The applicable provision provides as follows:

Omit the penalty, substitute:

Penalty: 120 penalty units.

Schedule 1 (item 11) of the Tobacco Advertising Prohibition Amendment Act 1995 commenced on 29 March 1995.

Application, saving or transitional provisions

Tobacco Advertising Prohibition Amendment Act 1995 (No. 17, 1995)

A notice published under subsection 9(5) of the Principal Act that was in force after that commencement as if it had been published under subsection 9(5) of the Principal Act as amended by this Act.

Health and Aged Care Legislation Amendment (Application of Criminal Code) Act 2001 (No. 111, 2001)

(1)

Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2)

For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.