Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 10

Exemptions

10. Exemptions



(1) Sections 6(1)(c), 6(2) or (2A) and 9 do not apply to a person who, under a
contract or agreement relating to a sports or arts function or event or series
of functions or events, with another person, in exchange for a sponsorship,
gift, prize or like benefit, displays only in connection with such a function
or event-

   (a)  the whole or part of a trademark, or brand name of a tobacco product;
        or





   (b)  the name of the manufacturer or distributor of a tobacco product-

if the display of the trademark, brand name or name is restricted in
accordance with the regulations to-

   (c)  signs or objects on or within the site of such a function or event; or

   (d)  naming such a function, event or part of such a function or event, a
        scholarship, gift or prize; or

   (e)  any booklet, leaflet or handbill distributed to the public; or

   (f)  signs or objects on the outside of any road, sea or air vehicle used
        in any such function or event or on any participant in any such
        function or event.

(2) The Governor in Council, on the recommendation of the Minister, by Order
published in the Government Gazette, may declare that section 6(2) does not
apply in respect of a specified tobacco advertisement or a specified class of
tobacco advertisement placed or displayed before 1 July 1991 in accordance
with an agreement entered into before 8 October 1987.

(3) In making a recommendation to the Governor in Council for the purposes of
subsection (2), the Minister must take into account-

   (a)  the desirability of the application of the prohibitions in section
        6(2) in stages; and

   (b)  the extent to which undue hardship will be suffered by compliance with
        section 6(2) before 1 July 1991.