Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
This instrument enacts Guidelines for the purposes of subsections 18(2) and 18(3) of the Tobacco Advertising Prohibition Act 1992.
Administered by: Health
Registered 18 Jun 2007
Gazetted 23 Jun 1993
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

 

 

COMMONWEALTH OF AUSTRALIA

 

Tobacco Advertising Prohibition Act 1992

 

GUIDELINES UNDER SECTION 18

 

 I, GRAHAM RICHARDSON, Minister for Health, acting under subsection 18 (5) of the Tobacco Advertising Prohibition Act 1992, make the following Guidelines for the purposes of subsections 18 (2) and (3) of that Act. 

 

         Dated 18th June 1993.

 

Graham Richardson

 

Minister for Health

__________

 

Interpretation

         1.  (1)   In these Guidelines:

“the Act” means the Tobacco Advertising Prohibition Act 1992.

 

Whether an event is of international significance

         2.  For the purpose of determining whether an event is of international significance, the Minister is to take into account:

(a) the proportion of the audience for the event that is from other countries; and

(b) the proportion of the participants that is from other countries; and

(c) in the case of an event that is to be broadcast – the number of countries that are likely to receive that broadcast; and

(d) the international prestige or notability of the event; and

(e) in the case of an event that is a touring exhibition – the number of countries that are likely to receive the exhibition; and

(f) any other information that the Minister believes is relevant.

 

Whether Australia is likely to lose the event

         3.  For the purpose of determining the likelihood that the event will not be held in Australia, the Minister is to take into account:

(a) whether the organisation responsible for allocating the event is not located in Australia; and


 


 

(b) if other countries are eligible to hold the event, the strength of their claims to do so; and

(c) any other information that the Minister believes is relevant.

 

Conditions imposed on advertising

4. (1) For the purpose of determining the conditions that are to be complied with in relation to the publication of tobacco advertisements in connection with an event, the Minister may take into account:

(a) the provisions of any contract for advertisements entered into, or proposed to be entered into, in connection with the event; and

(b) whether each advertisement or kind of advertisement is necessary to ensure that the event takes place in Australia.

 

         (2) The conditions that may be imposed on tobacco advertising in connection with an event include conditions:

(a) limiting tobacco advertisements in connection with the event to those necessary to ensure that the event is held in Australia; and

(b) excluding tobacco advertisements:

(i)         external to the event; or

(ii)        in connection with the promotion of the event; and

(c) excluding tobacco advertisements the content of which appears to the Minister to be directed at children.