21Exception—labelling and packaging

21 Exception—labelling and packaging

(1) Marks that appear on a regulated tobacco item, or on the retail packaging of a tobacco product, do not, of themselves, constitute a tobacco advertisement. (2) Subsection (1) applies only if the regulated tobacco item, or the retail packaging of the tobacco product, complies with the tobacco product requirements (whether in relation to the marks or otherwise). (3) Despite subsection (1), a communication, recommendation or action in relation to the regulated tobacco item, or the retail packaging of the tobacco product, may constitute a tobacco advertisement.