Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 6

Certain advertising prohibited

6. Certain advertising prohibited



(1) A person must not for any direct or indirect pecuniary benefit-

   (a)  display or cause or permit to be displayed, or authorise the display
        of, a tobacco advertisement in a theatre; or

   (b)  sell, or cause or permit to be sold, any film or video tape that
        contains a tobacco advertisement; or





   (c)  distribute or cause or permit to be distributed, or authorise the
        distribution of, to the public any unsolicited leaflet, handbill or
        other document that is a tobacco advertisement.

Penalty: 60 penalty units.

(2) A person must not for any direct or indirect pecuniary benefit-

   (a)  place or display or cause or permit to be placed or displayed, or
        authorise the placing or display of, a tobacco advertisement that is
        visible from a public place; or

   (b)  place or display, or cause or permit to be placed or displayed, or
        authorise the placing or display of, a tobacco advertisement on the
        outside of any road, sea or air vehicle or vessel.

Penalty: 60 penalty units.

(2A) If there is a tobacco advertisement of a product line of a tobacco
product at a point of sale at a retail outlet or wholesale outlet that is not
in accordance with section 6A, the person carrying on the tobacco retailing
business or the tobacco wholesaling business at that outlet is guilty of an
offence.

Penalty: 60 penalty units.

(2B) A person must not, in the course of carrying on a tobacco retailing
business or tobacco wholesaling business, display tobacco products at a retail
outlet or wholesale outlet other than at a point of sale.

Penalty: 60 penalty units.



(2C) Subsection (2B) does not apply to-

   (a)  the display of cigars in an operating humidor; or

   (b)  the display of cartons at an on-airport duty free shop.

(2D) A tobacco company is guilty of an offence against this subsection, and
liable to a penalty not exceeding 5000 penalty units, if the tobacco company
intentionally or recklessly-

   (a)  contravenes subsection (1), (2), (2A) or (2B); or

   (b)  causes another person to contravene subsection (1), (2), (2A) or (2B).

(2E) An offence against subsection (2D) is an indictable offence.



(3) Nothing in this section applies to-

   (a)  a tobacco advertisement in or on-

   (i)  a newspaper or magazine; or

   (ii) a book; or

   (iii) a package containing a tobacco product, other than a package at a
        point of sale; or

   (b)  a tobacco advertisement that is an accidental or incidental
        accompaniment to a film or video tape; or

   (c)  a tobacco advertisement (other than a display of a tobacco product
        carried about on a person) at a point of sale inside a retail outlet
        or wholesale outlet that is in accordance with section 6A; or

   (ca) one notice about tobacco products at one or more points of sale at a
        retail outlet or wholesale outlet that complies with the prescribed
        requirements as to size, information contained in it and the manner in
        which the information is set out or displayed; or

   (cb) tickets or labels on, or adjacent to, immediate packages of tobacco
        products displaying retail prices, being tickets or labels that comply
        with the prescribed requirements as to size, information contained in
        them and the manner in which the information is set out or displayed;
        or

   (cc) tickets or labels on, or adjacent to, representations of immediate
        packages of tobacco products in vending machines displaying retail
        prices, being tickets or labels that comply with the prescribed
        requirements as to size, information contained in them and the manner
        in which the information is set out or displayed; or



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   (e)  anything to which, by reason of section 10, this section does not
        apply; or

   (f)  an invoice, statement, order, letterhead, business card, cheque,
        manual or other document ordinarily used in the course of business.