FEDERAL LEGISLATION AT A GLANCE ...

This guide provides an overview to the regulation of tobacco in Australia. The focus is on legislation that restricts advertising and promotion of tobacco products. This list is not comprehensive, it provides select laws only.

OVERVIEW

Advertising of tobacco products in Australia has been progressively restricted since the 1970s. Bans on cigarette advertising on radio and television have been in place since 1976. The restriction was extended in 1988 to encompass all tobacco products. In 1989, the federal government introduced the Tobacco Products Advertisements (Prohibition) Act 1989, which prohibited advertising of tobacco products in all newspapers and magazines, effective December 1990.

The Tobacco Products Advertisements (Prohibition) Act 1989, in conjunction with the Broadcasting Act 1942, prohibited direct advertising in the print and broadcast media. Billboard, cinema and leaflet advertising were also banned in Victoria, South Australia, Western Australia and the ACT under specific State/Territory legislation. However, Queensland, New South Wales (until 1991), Tasmania and the Northern Territory depended on voluntary agreements controlling the content and placement of advertisements.

The Tobacco Products Advertisements (Prohibition) Act 1989 was repealed by the Tobacco Advertising Prohibition Act 1992, which came into effect on 1 July 1993. The Tobacco Advertising Prohibition Act 1992 was introduced to provide a national standard for tobacco advertising. This Act imposed restrictions on the broadcasting and publishing of tobacco advertisements. The prohibitions cover print media advertising, advertisements in films, videos, television or radio, advertising on tickets, the sale or supply of any item containing a tobacco advertisement and outdoor advertising on billboards or public transport. In circumstances where State or Territory legislation enforces more restrictive practices than the Commonwealth legislation, the State or Territory legislation takes precedence. This Act has undergone several amendments to further restrict tobacco advertising and sponsorship.

A review of the Tobacco Advertising Prohibition Act 1992 was announced by Ms Trish Worth, Parliamentary Secretary to the Federal Minister for Health and Ageing on May 31, 2002. Click here to review The Senate Community Affairs Legislation Committee Tobacco advertising prohibition report issued in September 2004. If the link fails click here. Background: On February 16, 2004, the Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2004 (the Electoral Amendment Bill) was introduced into the House of Representatives and on March 10, 2004 Senator Lyn Allison tabled in the Senate an exposure draft of a Tobacco Advertising Prohibition (Film, Internet and Misleading Promotion) Amendment Bill 2004 (the TAP Draft Bill). These were referred to the Committee for inquiry and report. The report was issued on September 30, 2004 with the following recommendations: 1. That the TAP Draft Bill proceed. 2. That the Electoral Amendment Bill proceed. 3. That the Federal government provide the ACCC with funding to undertake legal action to recover the public costs associated with tobacco use arising from misleading and deceptive conduct from the tobacco industry. 4. That the tobacco industry be required to undertake substantial remedial action. 5. Prohibit the use of descriptors that have the capacity to deceive consumers.

LEGISLATION

Tobacco Advertising Prohibition Act 1992
"An Act to limit the exposure of the public to advertisements for smoking and tobacco products, and for related purposes." (consolidated)

Tobacco Advertising Prohibition Regulations 1993 No. 129
Regulations under the Tobacco Advertising Prohibition Act 1992.

Trade Practices Act 1974
Tobacco companies are legally obliged to uphold the principles in the Trade Practices Act. Section 52 of the Act concerns misleading or deceptive conduct by corporations.
(consolidated)

Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 Statutory Rules 2004 No. 264
These regulations were notified in the Commonwealth of Australia Gazette on 26 August 2004 and commenced on 1 September 2004. Statutory Rules 1994 Nos. 83 and 408 were repealed. The regulations apply to tobacco that is manufactured in Australia or imported into Australia and they set out the warning label requirements for cigarette packets and other tobacco products. Labelling of retail packages are set out under Parts 3 and 4 of the regulations: (1) A retail package manufactured in Australia, or imported into Australia, on or after 1 September 2004 and before 1 March 2006, must be labelled in accordance with Part 3 or 4. (2) A retail package manufactured in Australia, or imported into Australia, on or after 1 March 2006 must be labelled in accordance with Part 4. Click here to review the explanatory statement accompanying the statutory rules.

Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 1994
Useful to provide historical information on the warning label requirements prior to the commencement of the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations 2004 that started on 1 September 2004. Part 3 of the 2004 regulations cover the labelling of retail packages manufactured or imported before 1 March 2006.

AMENDMENT ACTS AND REGULATIONS

Tobacco Advertising Prohibition Amendment Act 1995
An Act to amend the Tobacco Advertising Prohibition Act 1992.

Tobacco Advertising Prohibition Amendment Act 2000 No. 135, 2000
An act to ban all tobacco advertising at sporting and cultural events by October 2006. Click here to read the Parliamentary Library's Bills Digest No. 188, 1999-2000 on this legislation.

Trade Practices (Consumer Product Information Standards (Tobacco) Regulations (Amendment)

OTHER LEGISLATION (EG ENFORCING SMOKE FREE AREAS, ETC.)

Air Navigation Act 1920

Air Navigation Regulations (Amendments) 1987 No. 278
Addresses smoking in aircraft.

Broadcasting Services Act 1992

Federal Airports Corporation Act 1986

Interstate Road Transport Act 1985

Interstate Road Transport Regulation (Amendment) 1988

Tobacco Marketing Act 1965
An Act relating to the Marketing of Tobacco Leaf.

REPEALED ACTS

Smoking and Tobacco Products Advertisements (Prohibition) Act 1989 No. 181
"An Act to prohibit certain advertisements relating to smoking and tobacco products, and for related purposes". The Smoking and Tobacco Products Advertisements (Prohibition) Act 1989 was repealed and replaced by the Tobacco Advertising Prohibition Act 1992.