TOBACCO ACT 1987 - SECT 6A Point of sale advertisements—tobacco products
TOBACCO ACT 1987 - SECT 6A
Point of sale advertisements—tobacco productsS. 6A(1) amended by Nos 49/2009 s. 5(1), 55/2016 s. 9(7)(p).
(1) A tobacco or e-cigarette advertisement at one point of sale at a specialist tobacconist or an on‑airport duty free shop or at any point of sale at a wholesale outlet may advertise a product line of a tobacco product in one only of the following ways—
(a) by the display of a single immediate package of the product line in the form in which the package is available for sale at that point of sale (including the display of an immediate package if only cartons are available for sale);
(b) by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available for sale at that point of sale if—
(i) in the case of an angled stack, the most that is displayed is—
(A) any part of the single package at the front of the stack; and
(B) any part (other than the face) of the other packages in the stack; and
S. 6A(1)(b)(i)(C) amended by Nos 49/2009 s. 21(1), 55/2016 s. 9(7)(q).
(C) those parts of the faces of the other packages that bear the warning message required by the Competition and Consumer (Tobacco) Information Standard 2011 of the Commonwealth; and
(ii) in the case of packages stacked on top of each other, the most that is displayed is any part of the package on the top of the stack and any part of the package on the bottom of the stack;
S. 6A(1)(c) repealed by No. 49/2009 s. 5(2).
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(d) in the case of a product line of cigars, by the display of either or both of the following—
(i) up to 13 cigars of the product line in an open box, or in any other manner;
(ii) a single closed box full of the product line in the form in which the box is available for sale at that point of sale.
S. 6A(2) amended by Nos 49/2009 s. 5(3), 55/2016 s. 9(7)(p).
(2) A tobacco or e-cigarette advertisement at any other point of sale at a specialist tobacconist or an on-airport duty free shop may advertise a product line of a tobacco product by means of a stack dispenser for immediate packages of the product line in the form in which the packages are available at that point of sale if—
(a) in the case of an angled stack, the most that is displayed is—
(i) any part (other than the face) of any package in the stack; and
S. 6A(2)(a)(ii) amended by No. 49/2009 s. 21(2).
(ii) those parts of the faces of the packages that bear the warning message required by the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 of the Commonwealth; and
(b) in the case of packages stacked on top of each other, the most that is displayed is any part of the package on the top of the stack (but not including the face or the top of that package as stacked or the side or end of that package directly facing the customer) and any part of the package on the bottom of the stack (but not including the face or the bottom of that package as stacked or the side or end of that package directly facing the customer).
S. 6A(3) amended by No. 55/2016 s. 9(7)(p).
(3) A display of tobacco products at a point of sale may not consist of the display of the products, packages of the products or representations of the products or packages so as to constitute a tobacco or e-cigarette advertisement itself as distinct from the display of each product, package or representation.
S. 6A(4) amended by No. 49/2009 s. 5(4).
(4) A display of a product line at a point of sale at a specialist tobacconist or an on-airport duty free shop may not include the display of a carton of the product line, or any part of the carton, whether or not the carton is empty or partly empty.
(5) Despite subsection (4), a product line at a point of sale at a retail outlet that is an on-airport duty free shop may be displayed in such a way that—
(a) one carton of the product line is visible; or
(b) in the case of cartons of the same size as each other, the cartons are stacked directly behind each other, and the most that is visible is—
(i) any part of the carton at the front of the stack; and
(ii) any end or the top (or both) of the next carton in the stack; or
(c) in the case of cartons of different sizes, the most that is visible is—
(i) one carton of one size; and
(ii) any end or the top (or both) of one other carton of that size; and
(iii) the smallest side (or one of the smallest sides) of one carton of any other size.
(6) A display of a product line at a point of sale at a wholesale outlet—
(a) may include the display of one or more cartons of the product line, but only with the smallest (or one of the smallest) sides of the carton (or cartons) facing the customer service area; and
(b) must otherwise comply with this section.
S. 6A(7) amended by Nos 49/2009 s. 5(5), 55/2016 s. 9(7)(p).
(7) The area of display of tobacco products that constitute a tobacco or e-cigarette advertisement referred to in subsection (1) at a specialist tobacconist or an on-airport duty free shop must not exceed the prescribed area.
S. 6A(8) repealed by No. 49/2009 s. 5(6).
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S. 6B
inserted by No. 55/2016 s. 10.