16APoint of sale advertising permitted—internet sales

#### 16A Point of sale advertising permitted—internet sales (1) A person may publish a tobacco advertisement on the internet if: (a) the advertisement is accessible by the public, or a section of the public, in a State or Territory; and (b) the advertisement provides a facility for a person accessing the advertisement to purchase a tobacco product; and (c) a law of the State or Territory regulates the advertising of tobacco products on the internet; and (d) that law contains provisions expressly dealing with the publication of advertisements for tobacco products on the internet that provide a facility for a person accessing the advertisement to purchase a tobacco product; and (e) under those provisions, publishing the advertisement is not an offence. (2) A person may publish a tobacco advertisement on the internet if: (a) the advertisement is accessible by the public, or a section of the public, in a State or Territory; and (b) the advertisement provides a facility for a person accessing the tobacco advertisement to purchase a tobacco product; and (c) either: (i) there is no law of the State or Territory that regulates the advertising of tobacco products on the internet; or (ii) there is such a law, but it does not contain any provisions expressly dealing with the publication of advertisements for tobacco products on the internet that provide a facility for a person accessing the advertisement to purchase a tobacco product; and (d) the publication of the advertisement complies with all applicable requirements set out in regulations made for the purposes of this subsection. (3) In this section, a tobacco advertisement provides a facility for a person accessing the advertisement to purchase a tobacco product if the advertisement is published in conjunction with the facility or otherwise includes or provides the facility. (4) Regulations made for the purposes of subsection (2) may prescribe requirements as to any of the following: (a) the size, content, format and location of tobacco advertisements; (b) without limiting paragraph (a)—the inclusion in tobacco advertisements of any of the following: (i) health warnings; (ii) warnings about age restrictions on the sale of tobacco products; (iii) information about any fees, taxes and charges payable in relation to tobacco products; (c) age restricted access systems for access to tobacco advertisements.