Public Health Act 1991 No 10
Historical version for 6 June 2003 to 21 July 2003 (accessed 23 November 2014 at 11:55) Repealed version
Part 6Division 4Section 61B

61B   Certain advertising prohibited

(1)  A person who in New South Wales for any direct or indirect benefit displays a tobacco advertisement in, or so that it can be seen or heard from, a public place or a place prescribed by the regulations is guilty of an offence.
(2)  A person who in New South Wales:
(a)  distributes to the public any unsolicited object, or
(b)  sells, hires or supplies for any direct or indirect benefit any object to any person (other than a person, or the employee of a person, who is a manufacturer, distributor or retailer of a tobacco product),
that constitutes or contains a tobacco advertisement is guilty of an offence.
(3)  This section does not apply in relation to any of the following:
(a)  anything done by means of a radio or television broadcast,
(b)  a tobacco advertisement in or on a newspaper or book:
(i)  printed and published outside New South Wales, or
(ii)  printed and published before 17 December 1991,
unless the sole or main purpose of the newspaper or book is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,
(c)  a tobacco advertisement (other than an advertisement involving an audible message) in or on a package containing a tobacco product, where:
(i)  the advertisement was included in or on the package before it was sold by the manufacturer, and
(ii)  the size of the package does not exceed the size (if any) prescribed by the regulations,
(d)  a tobacco advertisement that is an incidental accompaniment to the subject of a film, video tape or live stage performance unless the sole or main purpose of the film, video tape or performance is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product,
(e)  the display of retail prices of tobacco products within a retail outlet, where the display complies with the regulations,
(f)  an invoice, statement, order, letterhead, business card, cheque, manual or other document that is ordinarily used in the course of the business of a manufacturer or distributor of a tobacco product,
(g)  any matter the subject of an exemption under section 61H, to the extent provided by the exemption.
(4)  Subsection (3) (c) does not operate so as to permit an advertisement to be created and displayed by means of:
(a)  any arrangement of two or more packages containing a tobacco product, or
(b)  such a package and any other thing,
unless every such package or other thing is displayed, in accordance with the regulations, within a shop at which tobacco products are sold by retail.
(5)  In any proceedings for an offence under this section, if there is present in the relevant tobacco advertisement, or the relevant object alleged to constitute or contain a tobacco advertisement:
(a)  the name of a person who manufactures or distributes any tobacco product, or
(b)  a trademark of which a person who manufactures or distributes any tobacco product is the registered proprietor or the registered user within the meaning of the Trade Marks Act 1955 of the Commonwealth, or
(c)  a brand name, used by a person who manufactures or distributes any tobacco product,
it is to be presumed, until the contrary is proved, that that person displayed the tobacco advertisement, or distributed, sold, hired or supplied the object, for a direct or indirect benefit.
(6)  In any proceedings for an offence under this section, if the thing that is alleged to constitute a tobacco advertisement contains the trademark or brand name of a tobacco product, it is to be presumed, until the contrary is proved, to be designed to promote or publicise the tobacco product to which it relates.
(7)  In this section:

book includes any printed material in any language.

newspaper includes a copy of any magazine, journal or periodical or any other publication copies of which contain:

(a)  news, information or reports of events, or
(b)  remarks, observations or comments about any news, information or events or about any other matter of interest to the public or to any section of the public,
that are printed in any language and published at regular or irregular intervals.

public place includes any place to which the public or a section of the public ordinarily has access, whether or not by payment or by invitation.

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