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.