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Tobacco Advertising Prohibition Regulation 1993

Authoritative Version
SR 1993 No. 129 Regulations as amended, taking into account amendments up to Tobacco Advertising Prohibition Amendment Regulation 2012 (No. 1)
Administered by: Health
Registered 07 Sep 2012
Start Date 06 Sep 2012
Table of contents.

Tobacco Advertising Prohibition Regulation 1993

Statutory Rules 1993 No. 129 as amended

made under the

This compilation was prepared on 6 September 2012
taking into account amendments up to SLI 2012 No. 199

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra


Contents

                        1      Name of regulation [see Note 1]                                       3

                        2      Commencement                                                              3

                        3      Interpretation                                                                   3

                        4      Written acknowledgments of assistance or support          4

                        5      Oral acknowledgments of assistance or support               6

                        6      Point of sale advertising generally                                   7

                        7      Point of sale advertising—shops                                     7

                        8      Point of sale advertising—vending machines                    8

                      8A      Point of sale advertising—internet sales                           8

                        9      Time for application for notice under section 18              11

Schedule 1                  Health warning messages and corresponding graphics 12

Notes                                                                                                          14

 


  

  

1              Name of regulation [see Note 1]

                This regulation is the Tobacco Advertising Prohibition Regulation 1993.

2              Commencement

                These Regulations commence on 1 July 1993.

3              Interpretation

         (1)   In these Regulations, unless the contrary intention appears:

corresponding graphic, for a health warning message, means the graphic that appears in the same item as the health warning message in Schedule 1.

event includes a series of events if the series is known by a collective name.

health warning message means a message set out in column 2 of Schedule 1.

pop-up means a window that appears automatically when a tobacco advertisement is accessed.

purchase facility, in relation to a tobacco advertisement, means a facility provided by the advertisement for a person accessing the advertisement to purchase a tobacco product.

Note   Subsection 16A (3) of the Act explains what it means for a tobacco advertisement to provide a facility.

the Act means the Tobacco Advertising Prohibition Act 1992.

         (2)   A reference in these Regulations to the full name of a person that provided assistance or support or the full name of a donor is:

                (a)    in the case of a corporation—a reference to the full registered name of the corporation, including the words describing its method of incorporation or approved abbreviations for those words (for example, “Limited”, “Ltd”, “Incorporated”, “plc”); and

               (b)    in the case of a partnership, trust or other entity having a name that is registered under a law relating to partnerships, trusts or business names or is provided for in its constituent documentation—a reference to that name in full; and

                (c)    in the case of a partnership, trust or other entity other than one of a kind referred to in paragraph (a) or (b)—a reference to the full name (within the meaning of those paragraphs) of each member or trustee (as the case requires) of that partnership, trust or other entity.

4              Written acknowledgments of assistance or support

         (1)   For the purposes of subsection 10 (5) of the Act, the publication of an acknowledgment of assistance or support that, but for that subsection and this regulation, would amount to the publication of a tobacco advertisement is permitted if that acknowledgment complies with subregulation (2), (3) or (4).

         (2)   An acknowledgment complies with this subregulation only if:

                (a)    it is included:

                          (i)    in printed matter (for example, a program, catalogue or training manual) available at, or issued in connection with, an event (such as a sporting event or an exhibition) to which assistance or support is provided or with an event (such as a dedication ceremony) in relation to the subject‑matter of the assistance or support; or

                         (ii)    in printed matter (for example, an annual report, guide‑book or training manual) of a kind normally issued by the organisation or body to which the assistance or support was, or is to be, provided; and

               (b)    it complies with the following conditions:

                          (i)    if the printed matter comprises more than one leaf, the acknowledgment must not appear on the outside of the front or back cover, or on the spine, of that printed matter;

                         (ii)    the acknowledgment must be in the same type face as, and in type not larger than, that used for the generality of that printed matter;

                        (iii)    if there is more than one sponsor or supporter of the event or organisation for which the assistance or support was provided, the acknowledgment must appear only within a list of those sponsors or supporters and the whole of that list must be in type that is uniform as to face and size;

                        (iv)    the acknowledgment must be in the form of words only;

                         (v)    the acknowledgment must not include any trade mark or logo associated with tobacco products (except to the extent that a name referred to in subparagraph (vi) includes a word or words that comprise the whole or part of a trade mark);

                        (vi)    the acknowledgment must give the full name (as defined in subregulation 3 (2)) of the person that provided the assistance or support.

         (3)   An acknowledgment of assistance or support for the production of a video recording complies with this subregulation only if the acknowledgment:

                (a)    is in the form of text displayed on screen; and

               (b)    appears, once only, at the end of the video recording; and

                (c)    is in the same type face as, and in type not larger than, that used for the generality of the credits; and

               (d)    if there is more than one sponsor or supporter of the production of the video recording:

                          (i)    appears only within a list of those sponsors or supporters; and

                         (ii)    is in the same type face as, and in type not larger than, that used for the acknowledgment of the other sponsors or supporters; and

                (e)    does not include any trade mark or logo associated with tobacco products (except to the extent that a name referred to in paragraph (e) includes a word or words that comprise the whole or part of a trade mark); and

                (f)    gives the full name of the person that provided the assistance or support.

         (4)   An acknowledgment of assistance or support that took the form of the donation of an exhibit complies with this subregulation only if:

                (a)    where the exhibit forms part of a collection and other exhibits in the collection have been donated by persons or organisations not associated with tobacco products—the acknowledgment appears once only on a single sign that is:

                          (i)    in close proximity to the exhibit; and

                         (ii)    similar in style to, and not larger than, signs bearing acknowledgments for those persons or organisations; or

               (b)    where paragraph (a) does not apply—the acknowledgment is in the form “Donated by (full name of donor)” that appears once only on a single sign not more than 200 square centimetres in area and in close proximity to the exhibit.

5              Oral acknowledgments of assistance or support

         (1)   For the purposes of subsection 10 (5) of the Act, the making in public of an oral acknowledgment of assistance or support that, but for that subsection and this regulation, would amount to the publication of a tobacco advertisement is permitted if that acknowledgment complies with subregulation (2), (3) or (4).

         (2)   An acknowledgment complies with this subregulation only if:

                (a)    either:

                          (i)    it is included in a speech at either the opening or the conclusion of an event (such as a sporting event or an exhibition) to which assistance or support is provided or at an event (such as a dedication ceremony) in relation to the subject‑matter of the assistance or support; or

                         (ii)    it is included in a speech forming part of the formal proceedings (for example, an annual general meeting) of the organisation or body to which the assistance or support was, or is to be, provided; and

               (b)    it complies with the following conditions:

                          (i)    the acknowledgment must be made in a manner that gives it no more prominence than the generality of that speech;

                         (ii)    if there is more than one sponsor or supporter of the event or organisation for which the assistance or support was provided, the acknowledgment must occur only within a list of those sponsors or supporters;

                        (iii)    the acknowledgment must give the full name (as defined in subregulation 3 (2)) of the person that provided the assistance or support.

6              Point of sale advertising generally

                For subsection 16 (2) of the Act, a tobacco advertisement may be displayed:

                (a)    if the display of the advertisement complies with regulation 7—at a shop where tobacco products are offered for sale to the public; and

               (b)    if the display of the advertisement complies with regulation 8—on a vending machine that contains tobacco products.

7              Point of sale advertising—shops

         (1)   A tobacco advertisement displayed at a shop where tobacco products are offered for sale to the public must:

                (a)    be wholly within the boundaries of the shop; and

               (b)    be visible from the place within the shop where tobacco products are displayed for sale; and

                (c)    if placed on a window, face the inside of the shop; and

               (d)    not be attached to the outer side of:

                          (i)    an outside wall of the shop; or

                         (ii)    an outer window or door of the shop.

         (2)   However, a tobacco advertisement may be attached to a wall, window or door mentioned in paragraph (1) (d) if:

                (a)    the advertisement is a statement that:

                          (i)    the shop is a tobacconist; or

                         (ii)    the shop sells tobacco products; and

               (b)    the advertisement does not include a trade mark, logo or any other information by which a brand of tobacco product may be identified.

         (3)   In this regulation:

shop includes:

                (a)    a place that has fixed boundaries, whether or not those boundaries have walls; and

               (b)    a kiosk.

8              Point of sale advertising—vending machines

                A tobacco advertisement displayed on a vending machine that contains tobacco products must not extend beyond any of the extremities of the machine.

8A           Point of sale advertising—internet sales

         (1)   For subsection 16A (2) of the Act, a tobacco advertisement published on the internet must comply with this regulation.

         (2)   The tobacco advertisement, other than the purchase facility for the advertisement, must:

                (a)    use black text on a white background, other than hyperlinks to information about tobacco products (which may change from black to blue text after use); and

               (b)    include the statement “Product prices include all taxes”; and

                (c)    display tobacco product information in a standardised layout and format using the same font and font size so that no tobacco product is displayed more prominently than any other tobacco product.

         (3)   The tobacco advertisement, including the purchase facility for the advertisement, must:

                (a)    if the advertisement is designed to be accessed only from a mobile phone—use a prominent pop-up that includes:

                          (i)    a health warning message and corresponding graphic in a legible and undistorted form; and

                         (ii)    a warning, in a legible form in English, indicating that:

                                   (A)     it is illegal to sell tobacco products to a person under 18; and

                                   (B)     it is illegal to purchase a tobacco product for use by a person under 18; and

               (b)    if the advertisement is designed to be accessed from a device other than a mobile phone—include in a prominent position at the top and bottom of each page of the advertisement:

                          (i)    a health warning message and corresponding graphic in a legible and undistorted form; and

                         (ii)    a warning, in a legible form in English, indicating that:

                                   (A)     it is illegal to sell tobacco products to a person under 18; and

                                   (B)     it is illegal to purchase a tobacco product for use by a person under 18; and

                (c)    include a system that limits access to the advertisement, including the purchase facility for the advertisement, to a person who is at least 18.

Examples for paragraph (c)

1   A system that stops a person accessing the advertisement, including the purchase facility for the advertisement, unless the person declares that he or she is at least 18.

2   A system that stops a person accessing the advertisement, including the purchase facility for the advertisement, unless the person specifies his or her date of birth and the date specified indicates that the person is at least 18.

         (4)   The tobacco advertisement may include the country of origin for each tobacco product in one sentence stating any of the following:

                (a)    the product’s country of origin;

               (b)    the country of origin for components of the product;

                (c)    that components of the product are imported;

but must not otherwise describe the product or the components of the product.

Examples

1   “Made in Australia from imported tobacco”, not “Made in Australia from imported premium tobacco”.

2   “Product of Cuba”, not “Made from premium Cuban tobacco”.

         (5)   The tobacco advertisement may include the following information for each tobacco product being advertised:

                (a)    the product name;

               (b)    the price of the product (inclusive of all taxes);

                (c)    the package size or weight of the product;

               (d)    an item number or code for the product;

                (e)    information about any other charges payable;

but must not contain any other information not required or permitted under the Act or these regulations.

         (6)   To avoid doubt, the tobacco advertisement, including the purchase facility for the advertisement, must not include the following:

                (a)    words that make claims about or describe the appeal of the tobacco product;

               (b)    words or images that entice, or are intended to entice, a person to purchase the tobacco product;

                (c)    words that directly or by implication contradict, qualify or modify a health warning marked, or that is required to be marked, on the tobacco product being advertised;

               (d)    images of tobacco products;

                (e)    more than one price for each tobacco product;

                (f)    content that promotes another internet site that:

                          (i)    contains a tobacco advertisement; or

                         (ii)    solicits internet traffic to a tobacco advertisement.

Example for paragraph (a)

Words that make claims about or describe the appeal of tobacco products include, but are not limited to:

·       lite

·       low-tar.

Example for paragraph (b)

Words that entice a person to purchase the tobacco product include, but are not limited to:

·       cheap

·       discount

·       lite

·       low-tar

·       bulk savings

·       buy one get one free

·       tax free.

9              Time for application for notice under section 18

         (1)   Subject to subregulation (2), an application to the Minister to specify an event under section 18 of the Act must be made at least 3 months before the day or first day, as the case requires, on which the event is to be held.

         (2)   Subregulation (1) does not prevent the Minister considering an application received later than 3 months before the day or first day on which the event is to be held if, in the opinion of the Minister, sufficient time remains for a proper consideration of the application.


Schedule 1        Health warning messages and corresponding graphics

(subregulation 3 (1))

  

Item

Health warning message

Corresponding graphic

1

SMOKING HARMS UNBORN BABIES

2

SMOKING CAUSES BLINDNESS

3

SMOKING CAUSES PERIPHERAL VASCULAR DISEASE

4

QUITTING WILL IMPROVE YOUR HEALTH

5

CIGAR SMOKING CAUSES LUNG CANCER


Notes to the Tobacco Advertising Prohibition Regulation 1993

Note 1

The Tobacco Advertising Prohibition Regulation 1993 (in force under the Tobacco Advertising Prohibition Act 1992) as shown in this compilation comprise Statutory Rules 1993 No. 129 amended as indicated in the Tables below.

Table of Instruments

Year and
Number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1993 No. 129

17 June 1993

1 July 1993

 

2012 No. 199

20 Aug 2012 (see F2012L01714)

6 Sept 2012 (see s. 2)

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 1..........................................

rs. 2012 No. 199

R. 3..........................................

am. 2012 No. 199

R. 6..........................................

rs. 2012 No. 199

R. 7..........................................

rs. 2012 No. 199

R. 8..........................................

rs. 2012 No. 199

R. 8A........................................

ad. 2012 No. 199

R. 10........................................

rep. 2012 No. 199

Schedule 1

 

Schedule 1.............................

ad. 2012 No. 199