Northern Territory Consolidated Acts

TOBACCO CONTROL ACT - SECT 21

(1) This section applies in relation to displays of tobacco products that are at points of sale other than vending machines.

(2) There is to be only one display at the point of sale (although the display may consist of one or more kinds of tobacco products).

(3) The numbers of packets of cigarettes, cigars (other than cigars sold singly) or other tobacco products that are displayed cannot exceed the prescribed number (if any) of packets of each kind of packet for each kind of cigarette, cigar or other tobacco product that is available under each brand name.

(4) The numbers of cigars sold singly that are displayed cannot exceed the prescribed number (if any) of cigars of each size for each kind of cigar that is available under each brand name.

(5) The numbers of cartons of cigarettes that are displayed cannot exceed the prescribed number (if any) of cartons of each kind of packet for each kind of cigarette that is available under each brand name.

(6) The display can only be behind a counter, but cannot form part of or be within or above the counter.

(7) The display cannot be within the prescribed distance (if any) from a display of products designed or marketed for consumption or use by children (including but not limited to displays of confectionery and toys).

(8) The area occupied by the display cannot exceed the prescribed area (if any).

(9) For the purposes of subsection (8), the area occupied by a display of tobacco products includes the following:

(a) the area of any reflective surface or electronic image used to reflect or reproduce the image of a tobacco product -

(i) whether the whole of the reflection or image is of the tobacco product or not; and

(ii) whether the whole of the tobacco product is reflected, or is in the image, or not;

(b) the area of any visual effect (including but not limited to borders, lines or colour coding) that enhances or is intended to enhance the prominence of the display.

(10) A display is not to be illuminated by -

(a) interior lighting;

(b) exterior lighting attached to the display; or

(c) a spotlight or other illuminating device trained directly or indirectly on the display,

that has the effect of causing the display to appear brighter than its surroundings.

(11) The display cannot include a lighting effect that has the effect, or is intended to have the effect, of attracting attention to the display.

(12) The display cannot include a device that causes movement, or the appearance of movement, of all or any part of the display that can be seen in or from a public place.

(13) The display cannot be positioned so that a tobacco product faces towards a window or public entrance unless the display is more than 2 metres from the window or entrance.

(14) For the purposes of this section, the Regulations may prescribe a number, distance or area to be nil.

(15) For the purposes of this section -

(a) 2 or more cigarettes, cigars or other tobacco products are different kinds of cigarettes, cigars or tobacco products if -

(i) their ingredients or other contents differ; or

(ii) their lengths, shapes or weights differ; and

(b) 2 or more packets are different kinds of packets if they differ from one another in size, kind of packaging or both but are not different kinds of packets only because they are or are not packaged with other items (including other tobacco products).