Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 31

Tobacco advertisements complying with State and Territory law

  (1)   A person may publish a tobacco advertisement if:

  (a)   the person displays the tobacco advertisement at physical premises where regulated tobacco items are offered for retail sale; and

  (b)   a law of the State or Territory in which the premises are located regulates the advertising of regulated tobacco items; and

  (c)   that law contains provisions expressly dealing with the display of advertisements for regulated tobacco items at or on premises where such items are offered for retail sale; and

  (d)   the display of the tobacco advertisement complies with those provisions; and

  (e)   the tobacco advertisement is not visible from outside the premises.

Particular physical premises

  (2)   Without limiting subsection   (1), each of the following is taken to be physical premises for the purposes of that subsection:

  (a)   a kiosk, market stall or other place that has fixed boundaries, whether or not those boundaries have walls, where goods are offered for retail sale;

  (b)   a vending machine;

  (c)   a motor vehicle.