10Meaning of publish a tobacco advertisement

10 Meaning of publish a tobacco advertisement

Basic meaning (1) Subject to this section, for the purposes of this Act, a person publishes a tobacco advertisement if the person does any of the following things: (a) the person includes the advertisement in a document (including, for example, a newspaper, magazine, program, leaflet or ticket) that is available, or distributed, to the public or a section of the public; (b) the person includes the advertisement in a film, video, television program or radio program that is, or is intended to be, seen or heard by the public or a section of the public; (c) the person: (i) sells, hires or supplies the advertisement, or something containing the advertisement, to the public or a section of the public; or (ii) offers the advertisement, or something containing the advertisement, for sale or supply to, or hire by, the public or a section of the public; (d) the person displays, screens or plays the advertisement, or something that contains the advertisement, so that it can be seen or heard in or from: (i) a public place; or (ii) public transport; or (iii) a workplace; (da) the person brings the advertisement, or something that contains the advertisement, to the notice of, or disseminates the advertisement, or something that contains the advertisement, to, the public, or a section of the public, by an electronic means in connection with a telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution including, for example: (i) by means of the internet; or (ii) by making the advertisement remotely accessible by a computer, mobile phone or any other electronic device; (e) the person otherwise brings the advertisement, or something that contains the advertisement, to the notice of, or disseminates the advertisement, or something that contains the advertisement, to, the public, or a section of the public, by any means (including, for example, by means of a film, video, computer disk or electronic medium). Publish does not include broadcast (2) For the purposes of this Act, the broadcasting of a tobacco advertisement by a person does not amount to the publication of the advertisement by the person. Exception—trade communications (3) For the purposes of this Act, the communication of information that is or includes a tobacco advertisement to a group of people all of whom are involved in the manufacture, distribution or sale of tobacco products does not, of itself, amount to a publication of the tobacco advertisement. Exception—advertisements in telephone directories (3A) For the purposes of this Act, the publication of the name of a manufacturer, distributor or retailer of tobacco products in a telephone directory does not, of itself, amount to the publication of a tobacco advertisement. Exception—ordinary activities of exempt libraries (4) Nothing that a person does for the purposes of the ordinary activities of an exempt library amounts, for the purposes of this Act, to a publication of a tobacco advertisement. Exception—acknowledgments of assistance or support (5) For the purposes of this Act, the publication of an acknowledgment of assistance or support does not amount to the publication of a tobacco advertisement if it complies with regulations made for the purposes of this subsection that permit the publication of such acknowledgments.