Commonwealth Consolidated Acts

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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 6

Operation of State and Territory laws

(1)
This Act does not exclude or limit the operation of a tobacco advertising law of a State or Territory that is capable of operating concurrently with this Act.

(2)
If:

(a) particular conduct constitutes an offence against this Act; and
(b) apart from this Act, that conduct also constitutes an offence against a tobacco advertising law of a State or Territory;

this Act does not exclude or limit the application of that law to that conduct.

(3)
If:

(a) either:
(i) particular conduct is permitted by section 14, 16, 17, 18, 19 or 20; or
(ii) a person could, in respect of particular conduct, establish a defence referred to in section 21 or 22; and
(b) apart from this Act, that conduct constitutes an offence against a tobacco advertising law of a State or Territory;

this Act does not exclude or limit the application of that law to that conduct.

(4)
In this section:

"tobacco advertising law" means a law that prohibits or regulates the advertising of tobacco products.



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