Regulation of promotion

In Victoria, tobacco advertising, promotion and sponsorship are restricted under Commonwealth and State legislation.

The Tobacco Advertising Prohibition Act 1992 (Cth)

The Tobacco Advertising Prohibition Act 1992 (Cth) prohibits certain categories of persons, including corporations, and other persons engaging in trade or commerce across State/Territory borders or between Australia and another country, from broadcasting (section 13) or publishing (section 15(1)(a)) a tobacco advertisement, or from authorising or causing the publication of a tobacco advertisement (section 15(1)(b)). 

Definition of tobacco advertisement

The statutory definition of "tobacco advertisement" encompasses, among other things, writing, still or moving pictures, signs, symbols and other visual images, and audible messages, which advertise smoking or tobacco products in any of a variety of ways set out in the definition (section 9). 

Definition of "publish a tobacco advertisement"

The definition of "publish a tobacco advertisement" sets out a number of modes of public dissemination, such as including the advertisement in a document made available or distributed to the public, or including it in a film, video, television or radio program seen or heard, or intended to be seen or heard, by the public (section 10). 

In addition to these and other specific examples, the definition of "publish a tobacco advertisement" also contains the following catch-all provision:

• "…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)." (section 10(1)(e))

Exceptions

The prohibitions on broadcasting and publishing a tobacco advertisement do not apply to what are referred to as "incidental" or "accidental" broadcasts or publications (sections 14 and 19). 

In relation to tobacco advertising at or on places where tobacco products are offered for sale to the public ("points of sale"), the Act permits advertising, provided it complies with State or Territory legislation that regulates the display of advertisements for tobacco products at points of sale (section 16).

Until recently, a further exception existed, for advertisements published in connection with Australian sporting or cultural events of international significance, such as Formula One Racing events.  The exception was limited, however, to events that would be completed before 1 October 2006.  It can therefore no longer be invoked (section 18).

The Tobacco Act 1987 (Vic)

The Tobacco Act 1987 (Vic) also prohibits various forms of tobacco advertising (sections 6 and 6A). 

The prohibition on tobacco advertising is subject to a number of exceptions, however.  For example, it does not apply to tobacco advertisements in or on a newspaper , magazine or a book (although these are prohibited under Commonwealth law), or to a tobacco advertisement that is an "accidental or incidental accompaniment to a film or video tape" (subsections 6(3)(a) and (b)).

The Act also prohibits certain sponsorship arrangements in relation to tobacco products (section 9), although some such arrangements are exempt according to section 10 of the Act.