Public Health (Tobacco and Other Products) Act 2023
33Permitted publication—trade communications
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33 Permitted publication—trade communications
(1) A person may publish a tobacco advertisement if the person makes the advertisement available to, or accessible by, a group of people all of whom are involved in the manufacture, importation, distribution or sale of regulated tobacco items. (2) Subsection (1) applies only if: (a) the tobacco advertisement is not available to, or accessible by, persons other than those involved in the manufacture, importation, distribution or sale of regulated tobacco items; and (b) the advertisement does not, apart from the fact of the advertisement, actively promote smoking or the use of regulated tobacco items; and (c) in a case where the advertisement relates to the sale or supply of a particular regulated tobacco item—the advertisement is limited to factual information about the item and the terms of the sale or supply of the item.
Note: Factual information about a regulated tobacco item includes the brand or variant name, price, ingredients, availability and package sizing.