Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 6A

Point of sale advertisements

6A. Point of sale advertisements



(1) A tobacco advertisement at one point of sale at a retail outlet 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

                (C)  those parts of the faces of the other packages that bear
                     the warning message required by the Trade Practices
                     (Consumer Product Information Standards) (Tobacco)
                     Regulations 1994 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;

   (c)  if the point of sale is a vending machine, by a single representation
        of an immediate package of the product line in the form in which the
        package is available, or usually available, for sale at that point of
        sale no larger than the actual size of the package, with the same
        appearance as the package;

   (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.

(2) A tobacco advertisement at any other point of sale at a retail outlet 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

   (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 1994 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).

(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 advertisement itself as
distinct from the display of each product, package or representation.

(4) A display of a product line at a point of sale at a retail outlet 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.

(7) The area of display of tobacco products that constitute a tobacco
advertisement referred to in subsection (1) at a retail outlet must not exceed
the prescribed area.

(8) A display of tobacco products on a vending machine may include a display
of one packet only of each product line available, or usually available, from
the machine and must not include the display of any other product lines.