23Prohibited smoking advertising

23 Prohibited smoking advertising (a) sells a film, videotape, DVD or other video recording, or an audio recording, that contains a smoking advertisement; and (b) is reckless about whether the film, videotape, DVD or other video recording, or audio recording, contains a smoking advertisement. (a) distributes to the public any unsolicited document that contains a smoking advertisement; and (b) is reckless about whether the document contains a smoking advertisement. Examples—unsolicited documents—par (a) 1 leaflet 2 handbill (a) places, displays or broadcasts a smoking advertisement (including a smoking advertisement for a tobacco product at or on a place where tobacco products are for sale); and (b) is reckless about whether the advertisement is visible or audible in or from a public place.

(4) This section does not apply in relation to— (a) a smoking advertisement that is an accidental or incidental accompaniment to a film, videotape, DVD or other video recording, or an audio recording; or (b) a single price ticket at a point of sale for each product line for sale (or usually available for sale) at the point of sale; or (c) a personal use advertisement; or (d) a smoking advertisement that is displayed at a point of sale if the advertisement— (i) is to the effect that smoking products are offered for sale to people who are 18 years old or older; and (ii) is the only smoking advertisement (other than a price ticket mentioned in paragraph (b)) displayed at the point of sale; and (iii) does not contain a trademark or brand name, or part of a trademark or brand name, of a smoking product; and (iv) does not contain the name of a manufacturer or distributor of a smoking product; and (v) is not larger than A5 paper size (148mm x 210mm); or (e) a document ordinarily used in the course of business. mentioned in s (4) (see Criminal Code, s 58). (5) In this section: personal use advertisement means the placement, display or broadcast of a smoking advertisement, or of an object displaying a smoking advertisement, in the course of the personal use of the advertisement or object, unless the placement, display or broadcast— (a) is for a direct or indirect financial benefit; or

(b) is undertaken in the course of a business that involves the sale of smoking products or the management of a retail outlet. Example—personal use The wearing of a T-shirt displaying a smoking advertisement by a person who is not paid to wear the T-shirt. public place means a place to which the public or a section of the public has access, whether— (a) by payment, membership of a body or otherwise; or (b) by entitlement or permission. Examples—public places 1 business premises, including professional, trade and commercial premises and wholesale outlets 2 a cinema or theatre 3 a club, hotel or motel 4 a community centre, hall or public library 5 government premises 6 a hostel or nursing home 7 a place of worship 8 a public transportation vehicle (including, a bus, taxi or boat) 9 a restaurant or cafeteria 10 a school, college or university 11 a shopping centre, mall or plaza 12 sporting or recreational premises.