TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 15A Tobacco advertisements not to be published electronically
TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 15A
Tobacco advertisements not to be published electronically(1) A person commits an offence if:
(a) the person publishes something, or authorises or causes something to be published; and
(b) the thing is a tobacco advertisement; and
(c) the tobacco advertisement is published electronically; and
(d) the tobacco advertisement is published in Australia.
(2) Subsection ( 1) does not apply to the publication of a tobacco advertisement if its publication is permitted by any of sections 16A, 16B, 17, 19 and 20.
Note: A defendant bears an evidential burden in relation to the matters in subsection ( 2): see subsection 13.3(3) of the Criminal Code .
(3) Section 15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection ( 1).
Meaning of published in Australia
(4) In this section, a tobacco advertisement that is published electronically is published in Australia if:
(a) the advertisement originates in Australia; or
(b) all of the following apply:
(i) the advertisement did not originate in Australia, or the advertisement's origin cannot be determined;
(ii) the advertisement has an Australian link;
(iii) the advertisement is accessible, or intended to be accessible, by the public, or a section of the public, in Australia.
(5) A tobacco advertisement has an Australian link if:
(a) at a particular time, the advertisement is published, or authorised or caused to be published, by an entity, or the person or persons constituting or responsible for an entity; and
(b) at that time, the circumstances described in the following table apply to the entity.
Item | Entity | Applicable circumstances |
1 | Individual | Any of the following circumstances: (a) the individual is an Australian citizen; (b) the individual is an individual whose continued presence in Australia is not subject to a limitation as to time imposed by law; (c) the individual is physically present in Australia. |
2 | Body corporate | Any of the following circumstances: (a) the body corporate has been incorporated in Australia; (b) the body corporate has its central management and control in Australia. |
3 | Trust | The trust has been created in Australia. |
4 | Partnership | The partnership has been formed in Australia. |
5 | Unincorporated body | The unincorporated body has its central management and control in Australia. |