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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 10 Meaning of publish a tobacco advertisement

TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 10

Meaning of publish a tobacco advertisement

Basic meaning

  (1)   Subject to this section, for the purposes of this Act, a person publishes a tobacco advertisement if the person does any of the following things:

  (a)   the person includes the advertisement in a document (including, for example, a newspaper, magazine, program, leaflet or ticket) that is available, or distributed, to the public or a section of the public;

  (b)   the person includes the advertisement in a film, video, television program or radio program that is, or is intended to be, seen or heard by the public or a section of the public;

  (c)   the person:

  (i)   sells, hires or supplies the advertisement, or something containing the advertisement, to the public or a section of the public; or

  (ii)   offers the advertisement, or something containing the advertisement, for sale or supply to, or hire by, the public or a section of the public;

  (d)   the person displays, screens or plays the advertisement, or something that contains the advertisement, so that it can be seen or heard in or from:

  (i)   a public place; or

  (ii)   public transport; or

  (iii)   a workplace;

  (da)   the person brings the advertisement, or something that contains the advertisement, to the notice of, or disseminates the advertisement, or something that contains the advertisement, to, the public, or a section of the public, by an electronic means in connection with a telegraphic, telephonic or other like service within the meaning of paragraph   51(v) of the Constitution including, for example:

  (i)   by means of the internet; or

  (ii)   by making the advertisement remotely accessible by a computer, mobile phone or any other electronic device;

  (e)   the person otherwise brings the advertisement, or something that contains the advertisement, to the notice of, or disseminates the advertisement, or something that contains the advertisement, to, the public, or a section of the public, by any means (including, for example, by means of a film, video, computer disk or electronic medium).

Publish does not include broadcast

  (2)   For the purposes of this Act, the broadcasting of a tobacco advertisement by a person does not amount to the publication of the advertisement by the person.

Exception--trade communications

  (3)   For the purposes of this Act, the communication of information that is or includes a tobacco advertisement to a group of people all of whom are involved in the manufacture, distribution or sale of tobacco products does not, of itself, amount to a publication of the tobacco advertisement.

Exception--advertisements in telephone directories

  (3A)   For the purposes of this Act, the publication of the name of a manufacturer, distributor or retailer of tobacco products in a telephone directory does not, of itself, amount to the publication of a tobacco advertisement.

Exception--ordinary activities of exempt libraries

  (4)   Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Act, to a publication of a tobacco advertisement.

Exception--acknowledgments of assistance or support

  (5)   For the purposes of this Act, the publication of an acknowledgment of assistance or support does not amount to the publication of a tobacco advertisement if it complies with regulations made for the purposes of this subsection that permit the publication of such acknowledgments.