Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 58

E - cigarette advertisements complying with State and Territory law

  (1)   A person may publish an e - cigarette 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 an e - cigarette product; and

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

  (2)   The publication of an e - cigarette advertisement is covered by this subsection if:

  (a)   a law of the State or Territory regulates the advertising of e - cigarette products on the internet; and

  (b)   that law contains provisions expressly dealing with the publication of e - cigarette advertisements on the internet that enable a person accessing the advertisement to purchase an e - cigarette product; and

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

E - cigarette advertisements complying with Commonwealth regulations

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

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

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

  (c)   the advertisement enables a person accessing the e - cigarette advertisement to purchase an e - cigarette product; and

  (d)   either:

  (i)   there is no law of the State or Territory that regulates the advertising of e - cigarette products on the internet; or

  (ii)   there is such a law, but it does not contain any provisions expressly dealing with the publication of e - cigarette advertisements on the internet that enable a person accessing the advertisement to purchase an e - cigarette product; 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 e - cigarette advertisements are displayed;

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

  (c)   without limiting paragraph   (b)--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;

  (d)   age restricted access systems for access to e - cigarette advertisements.