Tobacco Advertising Prohibition Act 1992 - Guidelines under section 18 (18/06/1993)

Overview

The Tobacco Advertising Prohibition Act 1992 was enacted by the Parliament of Australia to address the growing public health concerns associated with tobacco use and its promotion. The Act was introduced with the primary policy objective of reducing the prevalence of tobacco use by limiting the advertising of tobacco products. In making these Guidelines under section 18 of the Act, the Minister for Health, Graham Richardson, aims to provide further clarity on the specific circumstances under which tobacco advertising may be allowed in connection with events of international significance. The Guidelines assist in determining whether an event qualifies as being of international significance and the likelihood that the event will not be held in Australia if tobacco advertising restrictions are imposed. Additionally, the Guidelines outline the conditions that may be imposed on tobacco advertising in relation to such events, ensuring that any permitted advertising is strictly necessary for the event's occurrence in Australia and does not target children.

Scope and Application

The Tobacco Advertising Prohibition Act 1992 applies to the prohibition of tobacco advertising in Australia and is administered by the Commonwealth of Australia. The Act prohibits the advertising of tobacco products and tobacco-related services and is applicable to any person or entity, including media outlets and event organisers, involved in the dissemination of such advertisements. The Act’s jurisdictional reach is national, aiming to ensure a uniform approach across all states and territories in Australia. The Act provides certain conditions under which tobacco advertising may be permitted, particularly in connection with international events, where the Minister for Health may impose specific conditions to ensure compliance with the Act while allowing certain events to proceed in Australia. These conditions can include limiting the scope of tobacco advertising to what is necessary for the event to occur in Australia, excluding advertisements external to the event or those directed at children. The Act's application may be further detailed or modified through subordinate instruments or guidelines issued under the authority of the Act.

Key Provisions

The Tobacco Advertising Prohibition Act 1992 (the Act) sets out provisions to prohibit tobacco advertising, with specific guidelines for exceptions when it comes to international events. Section 1 of the Guidelines defines the term "the Act" as the Tobacco Advertising Prohibition Act 1992. Section 2 outlines the criteria for determining whether an event is of international significance, considering factors such as the audience's and participants' international proportions, broadcast reach, and the event's international prestige. Section 3 details the considerations for assessing the likelihood of Australia hosting an event, focusing on the location of the event's allocation organisation and the strength of competing countries' claims. Section 4 explains the conditions the Minister may impose on tobacco advertising related to an event, including limiting such advertisements to those necessary for ensuring the event's Australian hosting and excluding them from event promotion and external contexts, as well as from content targeting children. The Act and the Guidelines impose specific obligations on the Minister for Health. The Minister must adhere to the outlined criteria in Sections 2 and 3 when determining the international significance of an event and the likelihood of Australia hosting it. Under Section 4, the Minister may impose conditions on tobacco advertising related to an event, ensuring that such advertising is limited and does not target children or promote the event externally. The Minister's decisions must be based on the provisions of any relevant contracts and the necessity of the advertisements for the event's Australian hosting. The Act and the Guidelines do not explicitly state offences or penalties for non-compliance with the imposed conditions. However, the overarching legislation, the Tobacco Advertising Prohibition Act 1992, likely includes provisions for enforcement and penalties. The Act aims to prohibit tobacco advertising comprehensively, with specific exceptions under strict conditions for international events, overseen by the Minister for Health. The Guidelines provide a framework for the Minister's decision-making process, ensuring that any permitted advertising aligns with the Act's objectives of reducing tobacco use and its associated health risks.