Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 57

E - cigarette advertisements complying with State and Territory law

  (1)   A person may publish an e - cigarette advertisement if:

  (a)   the person displays the e - cigarette advertisement at physical premises where e - cigarette products are offered for retail sale; and

  (b)   a law of the State or Territory in which the premises are located regulates the advertising of e - cigarette products; and

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

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

  (e)   the e - cigarette 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.

E - cigarette advertisements complying with Commonwealth regulations

  (3)   A person may publish an e - cigarette advertisement if:

  (a)   the person displays the e - cigarette advertisement at physical premises where e - cigarette products are offered for retail sale; and

  (b)   either:

  (i)   there is no law of the State or Territory in which the premises are located that regulates the advertising of e - cigarette products; or

  (ii)   there is such a law, but it does not contain any provisions expressly dealing with the display of advertisements for e - cigarette products at or on such premises; and

  (c)   the display of the e - cigarette advertisement complies with the requirements (if any) prescribed by regulations made for the purposes of this paragraph.

  (4)   Regulations made for the purposes of paragraph   (3)(c) may, without limitation, prescribe requirements as to any of the following:

  (a)   the size, content, format and location of e - cigarette advertisements;

  (b)   without limiting paragraph   (a)--the inclusion in or with e - cigarette advertisements of any of the following:

  (i)   warnings about the health consequences of using e - cigarette products;

  (ii)   warnings about age restrictions on the retail sale of e - cigarette products;

  (iii)   information about any fees, taxes and charges payable in relation to e - cigarette products.