Section 16 - Public Health (Tobacco) Act 2008 - Certain advertising prohibited

16Certain advertising prohibited

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16 Certain advertising prohibited

(1) A person must not, in New South Wales and for any direct or indirect benefit, display a tobacco advertisement in, or so that it can be seen or heard from, a public place or a place prescribed by the regulations.

(2) A person must not, in New South Wales—

(a) distribute to the public any unsolicited object that constitutes or contains a tobacco advertisement, or

(b) sell, hire or supply 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) if the object constitutes or contains a tobacco advertisement.

(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(c) (Repealed)

(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 and names of tobacco products within a retail outlet,

(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.

(4) (Repealed)

(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—