Commonwealth Consolidated Acts

TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 16

(1)

A person may display a tobacco advertisement at or on a place where tobacco products are offered for sale to the public if:

(a) a law of the State or Territory in which the place is located regulates the advertising of tobacco products; and
(b) that law contains provisions expressly dealing with the display of advertisements for tobacco products at or on places where tobacco products are offered for sale to the public; and
(c) under those provisions, the display of the advertisement is not an offence.

(2)

A person may display a tobacco advertisement at or on a place where tobacco products are offered for sale to the public if:

(a) either:
(i) there is no law of the State or Territory in which the place is located that regulates the advertising of tobacco products; or
(ii) there is such a law, but it does not contain any provisions expressly dealing with the display of advertisements for tobacco products at or on places where tobacco products are offered for sale to the public; and
(b) the display of the advertisement complies with all applicable requirements as to the size, content and location of the advertisement set out in regulations made for the purposes of this subsection.

(3)

For the purposes of this section, a vending machine from which tobacco products can be purchased by the public is taken to be a place where tobacco products are offered for sale to the public.