Western Australian Current Acts Western Australian Current Acts (1) Section 31 does
not apply in relation to any of the following —
(a)
anything done by means of a radio or television broadcast; or
(b) a
tobacco advertisement in a publication published outside Western Australia
unless the sole or main purpose of the publication is to promote a tobacco
product or smoking generally; or
(c) a
tobacco advertisement in or on a package; or
(d) a
tobacco advertisement comprising only information about the availability of
tobacco products or smoking implements from premises specified in a
retailer’s licence or a vending machine or the prices of those products
or implements if the information is displayed in accordance with regulations
mentioned in section 24(1) or (2); or
(e) a
tobacco advertisement comprising only information about the availability of
tobacco products from premises specified in a wholesaler’s licence or
the prices of those products; or
(f) a
tobacco advertisement that is an incidental accompaniment to the subject of a
film, video tape, compact disc or digital versatile disc or live stage
performance unless the sole or main purpose of the film, video tape, compact
disc or digital versatile disc or live stage performance is to promote a
tobacco product or smoking implement or smoking generally; or
(g) an
invoice, statement, order, letterhead, business card, cheque, manual or other
document that is ordinarily used in the course of business of a licence holder
or tobacco company; or
(h) the
appearance of the trade mark in respect of, or the registered design or brand
name of, a tobacco product, or part of such a trade mark, registered design or
brand name, in or on land or a building that is occupied by the tobacco
company that manufactures the tobacco product; or
(i)
the appearance of the trade mark in respect of, or the
registered design or brand name of, a smoking implement, or part of such a
trade mark, registered design or brand name, in or on land or a building that
is occupied by the manufacturer of the smoking implement; or
(j) the
appearance of —
(i)
the business name of a licence holder at the premises
specified in the licence; or
(ii)
a description of the business of a licence holder at the
premises specified in the licence; or
(iii)
the name of a tobacco company in or on land or a building
that is occupied by the tobacco company.
(2) Despite subsection
(1)(b), section 31 applies to a tobacco advertisement that is provided in or
with a publication if the advertisement comprises a separate document inserted
or otherwise incorporated into or onto the publication.
(3) Section 31 does
not apply in relation to the taking of any action to prevent a tobacco product
or smoking implement (a product ) from causing injury to anyone, including
action —
(a) to
recall a product; or
(b) to
disclose a defect in, or a dangerous characteristic of, a product; or
(c) to
disclose circumstances in which the use of a product is or may be dangerous;
or
(d) to
disclose procedures for disposing of a product.
[Section 32 amended: No. 22 of 2009 s. 7.]