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TOBACCO ADVERTISING PROHIBITION ACT 1992 - SECT 8

Defined terms

In this Act, unless the contrary intention appears:

"Australia" includes all the external Territories except Norfolk Island.

"broadcast" means transmit by means of:

(a) a broadcasting service within the meaning of the Broadcasting Services Act 1992 ; or
(b) something that would be such a broadcasting service if the definition of broadcasting service in subsection 6(1) of that Act were amended by omitting all the words from and including "but does not include" to the end of the definition; or
(c) a datacasting service within the meaning of the Broadcasting Services Act 1992 .

"display" includes continue to display.

"distributor of tobacco products" has a meaning affected by section 12.

"exempt library" means:

(a) a public library; or
(b) a library of a tertiary educational institution; or
(c) a library of an authority of the Commonwealth or of a State or Territory.

"government or political matters" means government or political matters relating to any level of government in Australia, and includes any of the following matters:

(a) participation in, association with and communications in relation to any election or appointment to public office; and
(b) political views or public conduct relating to activities that have become the subject of political debate; and
(c) the performance, conduct, capacity or fitness for office of a person elected or appointed to, or seeking election or appointment to, any public office; and
(d) the actions or policies, or proposed actions or policies, of any government in Australia or any Australian political party.

"holding company" has the meaning given by section 11.

"manufacturer of tobacco products" has a meaning affected by section 12.

"non-tobacco product" means a product other than a tobacco product.

"periodical" means an issue (however described) of a newspaper, magazine, journal, newsletter, or other similar publication, issues of which are published at regular or irregular intervals.

"person" includes a partnership or an unincorporated body referred to in paragraph (e) or (f) of the definition of regulated corporation .

"public place" means a place to which the public, or a section of the public, ordinarily has access, whether or not by payment or by invitation (including, for example, a shop, restaurant, hotel, cinema or club).

"publish":

(a) in relation to a tobacco advertisement, has the meaning given by section 10; and
(b) in relation to something other than a tobacco advertisement, has a meaning equally as broad as it has in relation to a tobacco advertisement.

"regulated corporation" means:

(a) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a foreign corporation; or
(b) a body corporate that is, for the purposes of paragraph 51(xx) of the Constitution, a trading corporation, or a financial corporation, formed within the limits of the Commonwealth; or
(c) a body corporate that is a holding company of a body corporate of a kind referred to in paragraph (a) or (b); or
(d) a body corporate that is controlled by a body corporate of a kind referred to in paragraph (a), (b) or (c); or
(e) a partnership at least one of the partners in which is a body corporate of a kind referred to in paragraph (a), (b), (c) or (d); or
(f) a body corporate, or an unincorporated body, established by a law of the Commonwealth.

"regulated trade or commerce" means trade or commerce:

(a) between Australia and places outside Australia; or
(b) among the States; or
(c) between a State and a Territory or between 2 Territories; or
(d) by way of the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth.

"retailer of tobacco products" has a meaning affected by section 12.

"smoking" means smoking tobacco products.

"tobacco advertisement" has the meaning given by section 9.

"tobacco product" means:

(a) tobacco (in any form); or
(b) any product (for example a cigar or cigarette):
(i) that contains tobacco as its main or a substantial ingredient; and
(ii) that is designed or intended for human consumption or use; and
(iii) that is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 ; or
(c) a cigarette paper, cigarette roller or pipe.

"workplace" means premises in which employees or contractors work, other than any part of such premises that is primarily used as a private dwelling.



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