Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 56

Basic definition

  (1)   A person publishes an e - cigarette advertisement if the person uses any means of communication to make material comprising the advertisement, or material containing the advertisement, available to, or accessible by, the public or a section of the public.

Material included in things sold etc.

  (2)   Without limiting subsection   (1), material is taken to be made available to, or accessible by, the public or a section of the public if the material is included in something sold, or offered for sale or supply, to the public or a section of the public.

Targeted online advertising

  (3)   Without limiting subsection   (1), material is taken to be made available to, or accessible by, the public or a section of the public if:

  (a)   the material is made available to, or accessible by, a person using the internet; and

  (b)   the material is made available to that person because of:

  (i)   the use of an algorithm; or

  (ii)   the person's online activity; or

  (iii)   any other characteristic of that person as an internet end user.

Private events or functions

  (4)   Without limiting subsection   (1), material is taken to be made available to, or accessible by, the public or a section of the public if:

  (a)   the material is made available to, or accessible by, a person attending a private event or function to which access is restricted; and

  (b)   the purpose of the event or function is or includes the promotion of:

  (i)   vaping; or

  (ii)   an e - cigarette product or the use of such a product; or

  (iii)   a manufacturer, importer, distributor or retailer of such a product.

  (5)   In determining whether material is made available to, or accessible by, the public or a section of the public at a private event or function, disregard whether or not payment or other consideration is received from any person in relation to the event or function.