Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person must not display, publish or broadcast a tobacco 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 tobacco 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 tobacco or a tobacco product or a trademark or brand name of tobacco or a tobacco product; or
(b) a tobacco advertisement in or on a packet containing tobacco or a tobacco product if –
(i) the advertisement does not extend beyond the border of the packet or carton; and
(ii) the only writing on, or attached to the packet was done by the manufacturer before the wholesale transaction; or
(c) a tobacco 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 tobacco or tobacco products; or
(d) any other matter or activity or class of matter or activity declared by the Minister by order.
(3) A person must not display –
(a) more than one packet of each product line of tobacco or a tobacco product at any premises; or
(b) any tobacco or tobacco product within a distance of 75 centimetres from any confectionery unless –
(i) the distance cannot be practicably maintained; and
(ii) the Director exempts the person from this subsection.
Penalty:
Fine not exceeding –(a) for a first offence, 50 penalty units; and
(b) for a subsequent offence, 200 penalty units.
(4) . . . . . . . .
(5) Unless the contrary is proved, a tobacco advertisement is presumed to be designed to promote or publicise tobacco or a tobacco product if it contains the trademark or brand name of tobacco or a tobacco product.