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PUBLIC HEALTH ACT 1997 - SECT 70 Display of smoking product advertisements, &c.

PUBLIC HEALTH ACT 1997 - SECT 70

Display of smoking product advertisements, &c.

(1)  A person must not display, publish or broadcast a smoking product advertisement so that it can be seen or heard in or from a public place.
Penalty:  Fine not exceeding –
(a) for a first offence, 50 penalty units; and
(b) for a subsequent offence, 200 penalty units.
(2)  Subsection (1) does not apply to –
(a) a smoking product advertisement in or on a newspaper or book, the sole or main purpose of which is not the promotion or publicising of the purchase or use of a smoking product or a trademark or brand name of a smoking product; or
(b) a smoking product advertisement –
(i) on a packet containing a smoking product, if the packet forms part of the packaging and labelling of the smoking product in accordance with any relevant guidelines for the purposes of section 73 ; or
(ii) that is in accordance with any relevant guidelines; or
(c) a smoking product advertisement that is –
(i) part of a live stage performance; or
(ii) an incidental accompaniment to a film or video tape that is not wholly or mainly concerned with the promotion of smoking products; or
(d) any other matter or activity or class of matter or activity declared by the Minister by order.
(3)  .  .  .  .  .  .  .  .  
(4)  .  .  .  .  .  .  .  .  
(5)  Unless the contrary is proved, a smoking product advertisement is presumed to be designed to promote or publicise a smoking product if it contains the trademark or brand name of a smoking product.