New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 16

16 Certain advertising prohibited

(1) A person must not, in New South Wales and for any direct or indirect benefit, display a tobacco advertisement in, or so that it can be seen or heard from, a public place or a place prescribed by the regulations.

(2) A person must not, in New South Wales--

(a) distribute to the public any unsolicited object that constitutes or contains a tobacco advertisement, or

(b) sell, hire or supply for any direct or indirect benefit any object to any person (other than a person, or the employee of a person, who is a manufacturer, distributor or retailer of a tobacco product) if the object constitutes or contains a tobacco advertisement.

(3) This section does not apply in relation to any of the following--

(a) anything done by means of a radio or television broadcast,

(b) a tobacco advertisement in or on a newspaper or book--

(i) printed and published outside New South Wales, or

(ii) printed and published before 17 December 1991,

unless the sole or main purpose of the newspaper or book is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,

(d) a tobacco advertisement that is an incidental accompaniment to the subject of a film, video tape or live stage performance unless the sole or main purpose of the film, video tape or performance is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,

(e) the display of retail prices and names of tobacco products within a retail outlet, where the display complies with this Act and the regulations,

(f) an invoice, statement, order, letterhead, business card, cheque, manual or other document that is ordinarily used in the course of the business of a manufacturer or distributor of a tobacco product.

(5) In any proceedings for an offence under this section, if there is present in the relevant tobacco advertisement, or the relevant object alleged to constitute or contain a tobacco advertisement--

(a) the name of a person who manufactures or distributes any tobacco product, or

(b) a trademark of which a person who manufactures or distributes any tobacco product is the registered owner or the authorised user within the meaning of the Trade Marks Act 1995 of the Commonwealth, or

(c) a brand name, used by a person who manufactures or distributes any tobacco product,

it is to be presumed, until the contrary is proved, that that person displayed the tobacco advertisement, or distributed, sold, hired or supplied the object, for a direct or indirect benefit.

(6) In any proceedings for an offence under this section, if the thing that is alleged to constitute a tobacco advertisement contains the trademark or brand name of a tobacco product, it is to be presumed, until the contrary is proved, to be designed to promote or publicise the tobacco product to which it relates.

(7) In this section--

"book" includes any printed material in any language.

"newspaper" includes a copy of any magazine, journal or periodical or a copy of any other publication that contains--

(a) news, information or reports of events, or

(b) remarks, observations or comments about any news, information or events or about any other matter of interest to the public or to any section of the public,

that is printed in any language and published at regular or irregular intervals.

: Maximum penalty--

(a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or

(b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.

Note : Continuing offences against this section are dealt with in section 52.

Note : Schedule 2.4 repeals subsections (3) (c) and (4) on a proclaimed day.