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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 15A Tobacco advertisements not to be published electronically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Tobacco advertisements not to be published electronically

Offence

  (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.

Penalty:   120 penalty units.

Exceptions

  (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 .

Geographical application

  (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.