Commonwealth Consolidated Acts

TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 18

(1)

A person may publish a tobacco advertisement if:

(a) the advertisement is published in connection with a sporting or cultural event held, or to be held, in Australia; and
(b) the event is specified in a notice in force under subsection (2); and
(c) the publication of the advertisement complies with the conditions (if any) specified in the notice in accordance with subsection (3).

(2)

For the purposes of subsection (1), the Minister may, by notice published in the Gazette , specify a sporting or cultural event to be held in Australia if, and only if:

(a) the Minister is satisfied that the event will be completed before 1 October 2006; and
(b) in a case where the event is to be held on or after 1 October 2000:
(i) a similar event held before that date (the earlier event ) was specified in a notice under this subsection; and
(ii) no application to have another similar event specified in a notice under this subsection has been rejected since the earlier event; and
(c) the Minister is satisfied, having regard to the guidelines in force under subsection (5), that:
(i) the event is of international significance; and
(ii) failure to specify the event would be likely to result in the event not being held in Australia.

(3)

In a notice under subsection (2) specifying an event, the Minister may also, having regard to the guidelines in force under subsection (5), specify conditions to be complied with in relation to the publication of tobacco advertisements in connection with the event, being conditions related to:

(a) the content of the advertisements that may be published; or
(b) the number of advertisements, or the number of advertisements of a particular kind, that may be published, or that may be published in a particular way; or
(c) the way in which advertisements may be published.

(4)

A notice under subsection (2):

(a) comes into force:
(i) on the day when it is published in the Gazette ; or
(ii) if a later day is specified in the notice as the day when it is to come into force—on that later day; and
(b) stops being in force (unless it is revoked earlier):
(i) at the end of 3 years after it came into force; or
(ii) if an earlier day is specified in the notice as the day when it stops being in force—on that earlier day.

(5)

The Minister may, by writing, determine guidelines for the purposes of subsections (2) and (3).

(6)

An instrument under subsection (5) determining guidelines is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .