15ATobacco advertisements not to be published electronically

#### 15A Tobacco advertisements not to be published electronically Offence (1) A person commits an offence if: (a) the person publishes something, or authorises or causes something to be published; and (b) the thing is a tobacco advertisement; and (c) the tobacco advertisement is published electronically; and (d) the tobacco advertisement is published in Australia. Penalty: 120 penalty units. Exceptions (2) Subsection (1) does not apply to the publication of a tobacco advertisement if its publication is permitted by any of sections 16A, 16B, 17, 19 and 20. > Note: A defendant bears an evidential burden in relation to the matters in subsection (2): see subsection 13.3(3) of the Criminal Code. Geographical application (3) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (1). Meaning of published in Australia (4) In this section, a tobacco advertisement that is published electronically is published in Australia if: (a) the advertisement originates in Australia; or (b) all of the following apply: (i) the advertisement did not originate in Australia, or the advertisement’s origin cannot be determined; (ii) the advertisement has an Australian link; (iii) the advertisement is accessible, or intended to be accessible, by the public, or a section of the public, in Australia. (5) A tobacco advertisement has an Australian link if: (a) at a particular time, the advertisement is published, or authorised or caused to be published, by an entity, or the person or persons constituting or responsible for an entity; and (b) at that time, the circumstances described in the following table apply to the entity. | Item | Entity | Applicable circumstances | | ---- | ------------------- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | | 1 | Individual | Any of the following circumstances:(a) the individual is an Australian citizen;(b) the individual is an individual whose continued presence in Australia is not subject to a limitation as to time imposed by law;(c) the individual is physically present in Australia. | | 2 | Body corporate | Any of the following circumstances:(a) the body corporate has been incorporated in Australia;(b) the body corporate has its central management and control in Australia. | | 3 | Trust | The trust has been created in Australia. | | 4 | Partnership | The partnership has been formed in Australia. | | 5 | Unincorporated body | The unincorporated body has its central management and control in Australia. |