Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 32

Tobacco advertisements complying with State and Territory law

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

  (a)   the person makes the advertisement available on, or accessible using, the internet; and

  (b)   the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and

  (c)   the advertisement enables a person accessing the advertisement to purchase a regulated tobacco item; and

  (d)   the publication of the tobacco advertisement is covered by subsection   (2).

  (2)   The publication of a tobacco advertisement is covered by this subsection if:

  (a)   a law of the State or Territory regulates the advertising of regulated tobacco items on the internet; and

  (b)   that law contains provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and

  (c)   the publication of the advertisement complies with those provisions.

Tobacco advertisements complying with Commonwealth regulations

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

  (a)   the person makes the advertisement available on, or accessible using, the internet; and

  (b)   the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and

  (c)   the advertisement enables a person accessing the tobacco advertisement to purchase a regulated tobacco item; and

  (d)   either:

  (i)   there is no law of the State or Territory that regulates the advertising of regulated tobacco items on the internet; or

  (ii)   there is such a law, but it does not contain any provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and

  (e)   the publication of the advertisement complies with the regulations (if any) made for the purposes of this paragraph.

  (4)   Regulations made for the purposes of paragraph   (3)(e) may, without limitation, prescribe matters in relation to any of the following:

  (a)   the webpage, or the website, on which tobacco advertisements are displayed;

  (b)   the size, content, format and location of tobacco advertisements;

  (c)   without limiting paragraph   (b)--the inclusion in or with tobacco advertisements of any of the following:

  (i)   health warnings;

  (ii)   messages that are included on health promotion inserts;

  (iii)   warnings about age restrictions on the retail sale of regulated tobacco items;

  (iv)   information about any fees, taxes and charges payable in relation to regulated tobacco items;

  (d)   age restricted access systems for access to tobacco advertisements.