Public Health (Tobacco) Regulation 1999
Repealed version for 24 December 1999 to 30 June 2009 (accessed 20 May 2013 at 11:58)
Part 3

Part 3 Advertising on premises

Division 1 Arrangements of packages at shops and retail outlets

8   General requirements relating to display of packages

(1)  This clause applies to packages included in an arrangement referred to in section 61B (4) of the Act.
(2)  Not more than one cigarette carton per product line of cigarettes may be included in:
(a)  any such arrangement, or
(b)  if there is more than one such arrangement in the shop or retail premises—the aggregate of such arrangements.
(2A)  Subclause (2) does not prevent the placement of cigarette cartons one behind the other so that some surfaces (but not the whole or part of any of the package facings) of cartons placed behind the first are visible.
(3)  Not more than two package facings per product line of tobacco product (not being cigarettes in cartons or individual cigars) may be visible in:
(a)  any such arrangement, or
(b)  if there is more than one such arrangement in the shop or retail premises—the aggregate of such arrangements.
(4)  Every package (other than a cigar box) must be completely filled with tobacco products and remain unopened (that is, as packed by or on behalf of the manufacturer).
(5)  Packages are not to be arranged so as to create a composite picture or other meaningful visual image whose component parts are printed on the individual packages.
(6)  No package is to have a price written on it or any other thing attached to it.
(7)  No package that is a cigarette carton is to contain more than 300 cigarettes.
(8)  No package other than a cigarette carton is to contain:
(a)  more than 50 cigarettes or cigars, or
(b)  more than 50 grams of any other tobacco product.
(9)  In this clause:

cigarette carton means a package that:

(a)  contains only cigarette packets containing cigarettes of the same product line, and
(b)  contains four or more such cigarette packets in one or more outer wrappings (whether or not any such wrapping is transparent).

cigarette packet means a package containing not more than 50 cigarettes.

package facing means the surface (or any one of the surfaces) of a package whose area is greater than the area of any other of its surfaces.

(10)  For the purposes of this clause, a package facing is visible if any part of it is visible.
Note. Package is widely defined in section 53 of the Act. It includes a box, carton, cylinder, packet, pouch and tin.

9   Placing of the arrangement

(1)  A package forming part of an arrangement referred to in section 61B (4) of the Act may only be displayed in a sales unit that is routinely used for effecting sales and that complies with the requirements of this clause.
(2)  The sales unit:
(a)  must not be placed or situated on any counter, and
(b)  must have not less than 50 packages in it, and
(c)  must not display any other item, object or thing (other than smoking accessories or a price ticket or price board displayed in accordance with this Regulation), and
(d)  must have no device that causes movement, visible to the public, of any part of the sales unit or any tobacco product in the unit, and
(e)  must not contain any mirror (or other reflective device), interior lighting, exterior lighting attached to the sales unit or external spotlighting, and
(f)  must not be positioned so that is causes the packages to face more or less towards a window unless:
(i)  the direction in which the packages are facing is perpendicular to the plane of the window, or
(ii)  the window is at least 2 metres distant from the display.
(3)  The sales unit must be wholly within the service area of the shop or retail premises.
(4)  In this clause, smoking accessories means matches, filters, lighters, cigarette papers and other things used for smoking.

Division 2 General

10   Advertisements in registered clubs prohibited

(1)  The defined premises of a registered club, to the extent that they would not constitute a public place, are a prescribed place for the purposes of section 61B (1) of the Act.
(2)  In this section:

defined premises of a registered club are the premises defined or described as referred to in section 5 (1) (a) of the Registered Clubs Act 1976.

registered club means a club registered under that Act.

11   Display of retail prices of tobacco products

(1)  For the purposes of section 61B (3) (e) of the Act, retail prices of tobacco products may be displayed within a shop or retail outlet only by means of either:
(a)  price tickets that comply with subclause (2), or
(b)  a single price board that complies with subclause (3),
      but not both.
(2)  Price tickets:
(a)  must use only two colours—one for the ticket and one for the price, and
(b)  must not be coloured in fluorescent colours or in a more distinctive manner than price tickets used for other merchandise in the retail outlet, and
(c)  must not be highlighted by any lighting, and
(d)  must be no larger than 35 sq cm in area, and
(e)  must contain lettering that is not more than 2 cm in height and not more than 1.5 cm in width, and
(f)  must not contain information other than the name of the product line, a bar code or other identifying codes, the price and a symbol indicating the country of origin, and
(g)  must display the price only once for each product line carried by the retailer in or on each sales unit in which the product is displayed, and
(h)  must be attached to a sales unit containing tobacco products, and
(i)  must have no other article or thing attached to it, and
(j)  must not be arranged with other price tickets so as to create an image or visual effect from the arrangement that would be incomplete if any one ticket were removed.
(3)  A price board:
(a)  must not contain information other than the names of the product lines and prices, and
(b)  must be no larger than 2,000 sq cm in area, and
(c)  must have a black background with white lettering or a white background with black lettering (but not both), and
(d)  must contain lettering that is not more than 2 cm in height and not more than 1.5 cm in width, and
(e)  must be placed directly adjacent to a sales unit, and
(f)  must not be highlighted by any lighting.
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