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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 18

Simplified outline of this Chapter

This Chapter sets out a general prohibition on advertising and sponsorship for regulated tobacco items and includes equivalent prohibitions for e - cigarette products. A person who contravenes these prohibitions may commit an offence or be liable for a civil penalty.

In addition to setting out the general prohibitions, this Chapter defines the following key concepts:

  (a)   tobacco advertisement;

  (b)   tobacco sponsorship;

  (c)   e - cigarette advertisement;

  (d)   e - cigarette sponsorship.

It also defines how a person publishes an advertisement for the purposes of this Act.

In defining these concepts, this Chapter provides for some exceptions to things that might otherwise be captured. For example, communications that involve government or political matters, or the publication in certain circumstances of material relating to a news or current affairs report, are expressly stated not to be tobacco advertisements or e - cigarette advertisements.

Similarly, there are exceptions as to what constitutes a tobacco or e - cigarette sponsorship, including to permit the making of political donations.

This Chapter also permits the publication of tobacco and e - cigarette advertisements in certain, limited circumstances.



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