Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person must not display any tobacco or tobacco product within 75 centimetres of another displayed product if the other displayed product is designed or marketed for the use of children.
Penalty:
Fine not exceeding 50 penalty units.
(2) A person must not display any packet of tobacco or tobacco product unless it is in a sales unit.
Penalty:
Fine not exceeding 25 penalty units.
(3) A person must ensure that a sales unit in which any tobacco or tobacco product is displayed –
(a) is not on any counter accessible to the public; and
(b) is wholly within the service area except for one tobacco product vending machine that may be situated outside the service area; and
(c) does not display more than 150 packets of tobacco or tobacco product in it; and
(d) does not display a price ticket or price board, otherwise than in accordance with the guidelines; and
(e) does not have a device that causes movement, visible to the public, of any part of the sales unit or of any tobacco or tobacco product; and
(f) does not have a mirror or other reflective device, interior lighting, exterior lighting attached to the sales unit or external spotlighting; and
(g) is not positioned so that any packet of tobacco or tobacco product faces more or less towards a window or a public entrance unless –
(i) the direction faced is perpendicular to the plane of the window or the public entrance; or
(ii) the window or public entrance is at least 2 metres from the display.
Penalty:
Fine not exceeding 50 penalty units.
(4) A person who displays tobacco or tobacco products in any premises must ensure that –
(a) the display is confined to a single area not exceeding 4 square metres in the case of specialist tobacconist premises or one square metre in the case of other premises; and
(b) no tobacco or tobacco products are displayed elsewhere in the premises.
Penalty:
Fine not exceeding 50 penalty units.
(4A) Notwithstanding any other provision of this section, after 1 February 2011 a person must not display tobacco or tobacco products in any premises other than specialist tobacconist premises.
Penalty:
Fine not exceeding 50 penalty units.
(5) A person must not display tobacco or tobacco product in more than one sales unit in any premises.
Penalty:
Fine not exceeding 50 penalty units.
(6) Subsection (3)(c) and subsection (5) do not apply to specialist tobacconist premises.
(7) A person must not display any tobacco or tobacco product in premises where it is sold using any of the following to enhance the display:
(a) colour coding of the premises in colours that form part of the usual packaging of the tobacco or tobacco product within 5 metres of the tobacco or tobacco product;
(b) lines, borders and other visual design effects that make the display stand out;
(c) partial imaging or wording of the packaging of the tobacco or tobacco product;
(d) mirrors or other reflective devices that reflect images of the tobacco or tobacco product or any other product prohibited from display;
(e) holograms linked to the display;
(f) empty packets, cartons, cigarette shippers and boxes of tobacco or tobacco product;
(g) cabinets or display cases that contain trademark, colours or wording usually used in packaging of the tobacco or tobacco product, except for a device containing no designs, colours, fabrics or wording usually associated with the packaging of the tobacco or tobacco product that is used to allow it to be extracted.
Penalty:
Fine not exceeding 50 penalty units.
(8) A person must not display a carton or a cigarette shipper in any public place.
Penalty:
Fine not exceeding 50 penalty units.
(9) Subsection (8) does not apply to a person who –
(a) sells tobacco product only in cartons; and
(b) complies with section 70(3)(a) and this section as if the cartons were packets.