Commonwealth Numbered Acts

SMOKING AND TOBACCO PRODUCTS ADVERTISEMENTS (PROHIBITION) ACT 1989 No. 181, 1989 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"Australia" includes the external Territories;

"corporation" means:

   (a)  a body corporate that is a foreign corporation within the meaning of
        paragraph 51 (xx) of the Constitution; or

   (b)  a body corporate that is a trading corporation, within the meaning of
        paragraph 51 (xx) of the Constitution 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 corporation described in
        paragraph (a), (b) or (c); or

   (e)  a partnership at least one of the partners in which is a corporation
        described in paragraph (a), (b), (c) or (d);

"newspaper" includes a magazine, journal or periodical or any other
publication copies of which contain:

   (a)  news, intelligence, information or reports of occurrences; or

   (b)  remarks, observations or comments in relation to any news,
        intelligence, information or occurrences or in relation to any other
        matter of interest to the public or any section of the public;
        whatever language it is printed in and whether it is published at
        regular or irregular intervals;

"printed" includes made by any method of producing text or pictures in a
material form;

"print medium" means a newspaper, handbill, program, ticket or other printed
document, but does not include a document displayed as a poster;

"publish" does not include communicate to a person in the tobacco trade or in
a tobacco product trade;

"smoking" means inhaling or puffing the smoke of cigarettes or cigars of any
composition or tobacco in any form;

"tobacco product" means cigarettes or cigars of any tobacco composition or
tobacco in any form, and includes snuff, cigarette paper, cigarette rollers
and pipes;

(2) For the purpose of this Act, the question whether a body corporate is the
holding company of another body corporate shall be determined in the same
manner as that question is required to be determined by section 7 of the
Companies Act 1981.