Commonwealth: Public Health (Tobacco and Other Products) Act 2023 (Cth)

Public Health (Tobacco and Other Products) Act 2023 No. 118, 2023 Compilation No. 2 Compilation date: 21 February 2025 Includes amendments: Act No. 14, 2025 About this compilation This compilation This is a compilation of the Public Health (Tobacco and Other Products) Act 2023 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Chapter 1—Preliminary Part 1.1—Introduction 1 Short title 2 Commencement 3 Objects of this Act 4 Simplified outline of this Act 5 Application of this Act 6 Act binds the Crown 7 Operation of State and Territory laws Part 1.2—Interpretation Division 1—General definitions 8 Definitions Division 2—Key concepts for this Act 9 Meaning of tobacco product 10 Meaning of tobacco product accessory 11 Meaning of e‑cigarette 12 Meaning of e‑cigarette accessory Division 3—Other interpretation provisions 13 References to different kinds of tobacco products 14 References to manufacturers, importers, distributors and retailers 15 References to mark 16 References to an offer to sell or supply 17 Tobacco products—rebuttable presumption of offer for retail sale Chapter 2—Advertising and sponsorship prohibitions Part 2.1—Introduction 18 Simplified outline of this Chapter Part 2.2—Prohibition of tobacco advertisements Division 1—Offences and civil penalties 19 Prohibition on publishing tobacco advertisements Division 2—Meaning of tobacco advertisement 20 Meaning of tobacco advertisement Division 3—Tobacco advertisements—exceptions 21 Exception—labelling and packaging 22 Exception—standard business documents 23 Exception—business signage 24 Exception—notice of availability of regulated tobacco items 25 Exception—consumer matters 26 Exception—communications about government or political matters 27 Exception—artistic works and public interest expression 28 Exception—journalism 29 Exception—disclosures and acknowledgements by authors Division 4—Meaning of publish a tobacco advertisement 30 Meaning of publish a tobacco advertisement Division 5—Tobacco advertisements—permitted publications 31 Permitted publication—physical premises point of sale 32 Permitted publication—online point of sale 33 Permitted publication—trade communications 34 Permitted publication—telecommunications and online service providers 35 Permitted publication—periodicals printed outside Australia 36 Permitted publication—compliance activities 37 Permitted publication—advertisements during aircraft flight Part 2.3—Prohibition of tobacco sponsorships Division 1—Offences and civil penalties 38 Prohibition on entering into tobacco sponsorships Division 2—Meaning of tobacco sponsorship 39 Meaning of tobacco sponsorship Division 3—Tobacco sponsorships—exceptions 40 Exception—political donations and electoral expenditure 41 Exception—statements by authors Part 2.4—Prohibition of e‑cigarette advertisements Division 1—Offences and civil penalties 42 Prohibition on publishing e‑cigarette advertisements Division 2—Meaning of e‑cigarette advertisement 43 Meaning of e‑cigarette advertisement Division 3—E‑cigarette advertisements—exceptions 44 Exception—labelling and wrapping 45 Exception—standard business documents 46 Exception—business signage 47 Exception—notice of availability of e‑cigarette products 48 Exception—consumer matters 49 Exception—communications about government or political matters 50 Exception—artistic works and public interest expression 51 Exception—journalism 52 Exception—disclosures and acknowledgements by authors 53 Exception—exempt advertisements under the Therapeutic Goods Act 54 Exception—approved use of restricted representations under the Therapeutic Goods Act 55 Exception—permitted use of restricted or prohibited representations under the Therapeutic Goods Act Division 4—Meaning of publish an e‑cigarette advertisement 56 Meaning of publish an e‑cigarette advertisement Division 5—E‑cigarette advertisements—permitted publications 57 Permitted publication—physical premises point of sale 58 Permitted publication—online point of sale 59 Permitted publication—trade communications 60 Permitted publication—telecommunications and online service providers 61 Permitted publication—periodicals printed outside Australia 62 Permitted publication—compliance activities 63 Permitted publication—advertisements during aircraft flight 64 Interaction of Division with Therapeutic Goods Act Part 2.5—Prohibition of e‑cigarette sponsorships Division 1—Offences and civil penalties 65 Prohibition on entering into e‑cigarette sponsorships Division 2—Meaning of e‑cigarette sponsorship 66 Meaning of e‑cigarette sponsorship Division 3—E‑cigarette sponsorships—exceptions 67 Exception—political donations and electoral expenditure 68 Exception—statements by authors Part 2.6—Other matters 69 No action for failing to publish prohibited advertisement Chapter 3—Tobacco product requirements Part 3.1—Introduction 70 Simplified outline of this Chapter Part 3.2—Key concepts—tobacco product requirements 71 Meaning of retail packaging of a tobacco product 72 Meaning of packages a tobacco product for retail sale 73 Meaning of prohibited term Part 3.3—Tobacco product requirements Division 1—Plain packaging requirements 74 Plain packaging—physical features 75 Plain packaging—colour and finish 76 Plain packaging—standardisation 77 Plain packaging—prohibited terms and other marks 78 Plain packaging—health warnings 79 Plain packaging—mandatory markings 80 Plain packaging—wrappers 81 Plain packaging—prohibited tobacco product accessories 82 Plain packaging—inserts and onserts 83 Retail packaging not to produce noise or smell 84 Retail packaging must not change after retail sale Division 2—Naming requirements 85 Prohibited terms—brand names and variant names Division 3—Appearance, physical features and content requirements 86 Tobacco products—appearance and physical features 87 Tobacco products—contents 88 Tobacco products—prohibited devices Division 4—Tobacco product standards 89 Tobacco products—performance requirements 90 Tobacco products—testing requirements Division 5—Tobacco product accessories 91 Tobacco product accessories—prohibited functions Part 3.4—General offences and civil penalty provisions—tobacco product requirements Division 1—Tobacco products not in retail packaging 92 Retail sale of tobacco products without retail packaging 93 Selling or supplying tobacco products to retailers without retail packaging Division 2—Non‑compliant retail packaging of tobacco products 94 Selling or supplying tobacco products in non‑compliant retail packaging 95 Purchasing tobacco products in non‑compliant retail packaging 96 Possessing tobacco products in non‑compliant retail packaging 97 Packaging tobacco products in non‑compliant retail packaging 98 Manufacturing non‑compliant retail packaging of tobacco products 99 Possessing non‑compliant retail packaging of tobacco products 100 Manufacturing tobacco products that are packaged in non‑compliant retail packaging Division 3—Non‑compliant regulated tobacco items 101 Scope of Division 102 Selling or supplying non‑compliant regulated tobacco items 103 Purchasing non‑compliant regulated tobacco items 104 Possessing non‑compliant regulated tobacco items 105 Manufacturing non‑compliant regulated tobacco items Part 3.5—Offences and civil penalty provisions relating to constitutional corporations—tobacco product requirements Division 1—Tobacco products not in retail packaging 106 Retail sale of tobacco products without retail packaging to a constitutional corporation 107 Selling or supplying tobacco products without retail packaging to retailer who is a constitutional corporation Division 2—Non‑compliant retail packaging of tobacco products 108 Selling or supplying tobacco products in non‑compliant retail packaging to a constitutional corporation 109 Purchasing tobacco products in non‑compliant retail packaging from a constitutional corporation 110 Possessing tobacco products in non‑compliant retail packaging obtained from a constitutional corporation 111 Packaging tobacco products in non‑compliant retail packaging under a contract with a constitutional corporation 112 Manufacturing non‑compliant retail packaging of tobacco products under a contract with a constitutional corporation 113 Possessing non‑compliant retail packaging of tobacco products obtained from a constitutional corporation 114 Manufacturing tobacco products that are packaged in non‑compliant retail packaging by a constitutional corporation Division 3—Non‑compliant regulated tobacco items 115 Scope of Division 116 Selling or supplying non‑compliant regulated tobacco items to a constitutional corporation 117 Purchasing non‑compliant regulated tobacco items from a constitutional corporation 118 Possessing non‑compliant regulated tobacco items obtained from a constitutional corporation 119 Manufacturing non‑compliant regulated tobacco items under a contract with a constitutional corporation Part 3.6—Miscellaneous Division 1—Export exception 120 Export exception for non‑compliant retail packaging or regulated tobacco items Division 2—Interaction with certain intellectual property laws 121 Effect on the Trade Marks Act of non‑use of trade mark as a result of this Act 122 Effect on the Designs Act of failure to make products as a result of this Act 123 Effect on the Patents Act of compliance with this Act Division 3—Additional tobacco product requirements 124 Regulations may prescribe additional requirements Chapter 4—Permanent bans on certain tobacco products Part 4.1—Introduction 125 Simplified outline of this Chapter 126 Tobacco products that are permanently banned Part 4.2—Offences and civil penalty provisions 127 Dealing in permanently banned tobacco products 128 Possessing permanently banned tobacco products Chapter 5—Reporting and information disclosure Part 5.1—Introduction 129 Simplified outline of this Chapter 130 Meaning of reporting entity Part 5.2—Reports Division 1—Required reports 131 Tobacco product ingredients 132 Tobacco product volumes 133 Marketing and promotional expenditure 134 Determinations by Secretary Division 2—General matters relating to reports 135 Scope of Division 136 How reports must be given 137 Contents of reports 138 Consolidated reports 139 Reporting by related entities 140 Direction by Secretary 141 No duplication of information 142 Extensions of time 143 Secretary may request additional information 144 Regulations may prescribe additional requirements Division 3—Publication and disclosure 145 Publication of reports and information 146 Disclosure for research, policy development or data analysis 147 Publication of information about failure to comply with Chapter Part 5.3—Offence and civil penalty provision 148 Non‑compliance with reporting obligations Chapter 6—Compliance and enforcement Part 6.1—Introduction 149 Simplified outline of this Chapter Part 6.2—Authorised officers Division 1—Appointment 150 Appointment of authorised officers Division 2—Powers 151 Power to require persons to give information or produce documents 152 Power to require person to attend and answer questions 153 Self‑incrimination and self‑exposure Part 6.3—Monitoring and investigation powers Division 1—Monitoring powers 154 Monitoring powers 155 Consent and identification by authorised officers not required in certain circumstances Division 2—Investigation powers 156 Investigation powers 157 Forfeiture of seized regulated tobacco items 158 Recovery of costs in relation to seized items 159 Modifications of Part 3 of the Regulatory Powers Act Part 6.4—Enforcing compliance with this Act Division 1—Civil penalty provisions 160 Civil penalty provisions Division 2—Infringement notices 161 Infringement notices Division 3—Enforceable undertakings 162 Enforceable undertakings Division 4—Injunctions 163 Injunctions Chapter 6A—Illicit Tobacco and E‑cigarette Commissioner Part 6A.1—Introduction 163A Simplified outline of this Chapter Part 6A.2—Illicit Tobacco and E‑cigarette Commissioner 163B Illicit Tobacco and E‑cigarette Commissioner 163C Functions of the ITEC Commissioner 163D Reporting functions 163E Application of finance law 163F Arrangements relating to staff of the Department of Home Affairs 163G Other persons assisting the ITEC Commissioner 163H Delegation by the ITEC Commissioner 163J Ministerial directions Part 6A.3—Administration 163K Appointment of the ITEC Commissioner 163L Acting appointments 163M Remuneration 163N Leave of absence 163P Engaging in other paid work 163Q Other terms and conditions of appointment 163R Resignation of appointment 163S Termination of appointment Chapter 7—Miscellaneous Part 7.1—Introduction 164 Simplified outline of this Chapter Part 7.2—General rules about offences and civil penalty provisions Division 1—Interpretation 165 Physical elements of offences 166 Contravening an offence provision or a civil penalty provision 167 Offences against this Act—extended meaning Division 2—Partnerships, unincorporated associations and trusts 168 Treatment of partnerships 169 Treatment of unincorporated associations 170 Treatment of trusts Part 7.3—Cost recovery 171 Fees for fee‑bearing activities 172 Paying fees 173 Person liable to pay fees 174 Late payment fee 175 Recovery of fees 176 Secretary may remit or refund fees 177 Secretary may direct that activities not be carried out Part 7.4—Constitutional provisions 178 Constitutional basis of this Act 179 Additional operation of this Act 180 Acquisition of property Part 7.5—Other matters 181 Delegation by Minister 182 Delegation by Secretary 183 Protection from liability 184 Reports 185 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to discourage the use of tobacco and other products, and for related purposes Chapter 1—Preliminary Part 1.1—Introduction 1 Short title This Act is the Public Health (Tobacco and Other Products) Act 2023. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 14 December 2023 2. Sections 3 to 185 A single day to be fixed by Proclamation. 1 April 2024 However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. (F2024N00275) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Objects of this Act Objects of Act (1) The objects of this Act are: (a) to improve public health by: (i) discouraging smoking and the use of regulated tobacco items; and (ii) encouraging people to give up smoking, and to stop using regulated tobacco items; and (b) to give effect to certain obligations that Australia has as a party to the Convention on Tobacco Control; and (c) to address the public health risks posed by vaping and the use of e‑cigarette products; and (d) to combat the trade in illicit tobacco and e‑cigarette products. Means for achieving objects (2) The means for achieving the objects of this Act are the following: (a) limiting the exposure of the public to communications, recommendations or actions that may persuade people to: (i) start smoking or continue smoking; or (ii) start vaping or continue vaping; (b) reducing the appeal of regulated tobacco items and e‑cigarette products to consumers; (c) preventing the retail packaging of tobacco products from misleading or deceiving consumers about the harmful effects of smoking or using tobacco products; (d) increasing consumer knowledge of health effects relating to the use of tobacco products; (e) increasing the effectiveness of health warnings on, and health promotion messages in, the retail packaging of tobacco products; (f) discouraging people who have given up smoking or vaping from relapsing; (g) preventing and reducing nicotine addiction; (h) reducing people's exposure to smoke from tobacco products; (i) reducing the environmental risks of tobacco products; (j) limiting novel developments and emerging innovation in tobacco products; (k) limiting the risk of e‑cigarette products becoming a gateway into smoking and the use of regulated tobacco items; (l) increasing public knowledge about tobacco products and the tobacco industry; (m) establishing the Illicit Tobacco and E‑cigarette Commissioner. 4 Simplified outline of this Act This Act is about regulating the advertising and presentation of tobacco and e‑cigarette products in order to discourage the use of such products and protect and improve public health. One of the main objects of this Act is to give effect to obligations that Australia has under the WHO Framework Convention on Tobacco Control. This is done in part by prohibiting the advertising of tobacco products, as well as by prohibiting persons from making tobacco sponsorships. In order to limit the risk of e‑cigarette products becoming a gateway into smoking, and to address the health risks of vaping, this Act includes similar prohibitions in relation to e‑cigarette products. This Act also specifies a number of requirements that tobacco products must comply with, including requirements and limitations relating to plain packaging, health warnings, the terms that can be used in relation to the brand names or variant names of tobacco products, and the marks that can be included on tobacco product packaging. A permanent ban on some tobacco products is included as well. Certain persons are subject to obligations under this Act to report to the Secretary on a variety of matters including the ingredients used in tobacco products, volumes of sales and imports and marketing and promotional expenditure. Usually, the Minister must publish those reports. A range of compliance and enforcement powers are provided for, including by applying the Regulatory Powers (Standard Provisions) Act 2014. This Act also establishes the Illicit Tobacco and E‑cigarette Commissioner. Various miscellaneous matters are also dealt with by this Act, including the power to make delegations and regulations. 5 Application of this Act This Act extends to the external Territories. 6 Act binds the Crown (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to be prosecuted for an offence. 7 Operation of State and Territory laws Concurrent operation of State and Territory laws (1) This Act does not exclude or limit the operation of a State or Territory law that is capable of operating concurrently with this Act. (2) Without limiting subsection (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that: (a) the law makes an act or omission: (i) an offence; or (ii) subject to a civil penalty; and (b) that (or any similar) act or omission is also: (i) an offence against this Act; or (ii) subject to a civil penalty under this Act. (3) To avoid doubt, subsection (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty: (a) provides for a penalty that differs from the penalty provided in this Act; (b) provides for fault elements that differ from the fault elements applicable to the offence against this Act; (c) provides for defences or exceptions that differ from the defences or exceptions applicable to the offence against, or civil penalty provision of, this Act. No doubling‑up of liabilities (4) If: (a) an act or omission is an offence against this Act and is also an offence against a law of a State or Territory; and (b) the offender has been punished for the offence under the law of the State or Territory; the offender is not liable to be punished for the offence under this Act. (5) If a person has paid, or been ordered to pay, a pecuniary penalty under a law of a State or Territory, the person is not liable to a civil penalty under this Act in respect of the same conduct. Part 1.2—Interpretation Division 1—General definitions 8 Definitions In this Act: Australia, when used in a geographical sense, includes the external Territories. Australian hosting service provider has the same meaning as in the Online Safety Act 2021. authorised officer means a person appointed as an authorised officer under subsection 150(1). brand name, in relation to a tobacco product, means the name under which the tobacco product is sold or supplied, or offered for sale or supply. Note: A brand name must not be or include a prohibited term (see section 85). carriage service provider has the same meaning as in the Telecommunications Act 1997. carrier has the same meaning as in the Telecommunications Act 1997. cigar means a roll of cut tobacco for smoking that is enclosed in tobacco leaf or the leaf of another plant. cigarette means a roll of cut tobacco for smoking that is enclosed in paper. civil penalty provision has the same meaning as in the Regulatory Powers Act. constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies. constitutional trade or commerce means trade or commerce: (a) between Australia and a place outside Australia; or (b) among the States; or (c) between a State and a Territory; or (d) between 2 Territories; or (e) within a Territory. container includes (without limitation) any pack, carton, box, tin, packet, bag, pouch, tube or other container. Convention on Tobacco Control means the WHO Framework Convention on Tobacco Control, done at Geneva on 21 May 2003. Note: The Convention is in Australian Treaty Series 2005 No. 7 ([2005] ATS 7) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au). Copyright Act means the Copyright Act 1968. Department of Home Affairs means the Department administered by the Minister for Home Affairs. Designs Act means the Designs Act 2003. e‑cigarette: see section 11. Note: An e‑cigarette that contains tobacco is not treated as a tobacco product under this Act (see subsection 9(4)). e‑cigarette accessory: see section 12. e‑cigarette advertisement: see section 43. e‑cigarette product means an e‑cigarette or an e‑cigarette accessory. e‑cigarette sponsorship: see section 66. engage in conduct means: (a) do an act; or (b) omit to do an act. guidance and appeals panel has the same meaning as in the Administrative Review Tribunal Act 2024. guidance and appeals panel application has the same meaning as in the Administrative Review Tribunal Act 2024. health promotion insert has the meaning given by the regulations. health warning has the meaning given by the regulations. insert means any thing (other than a tobacco product or the lining of a cigarette pack) placed inside the retail packaging of a tobacco product. Note: For requirements applying to the lining of a cigarette pack, see the following: (a) section 74 (about the physical features of the retail packaging of tobacco products); (b) section 75 (about the colour and finish of the retail packaging of tobacco products). internet service provider has the same meaning as in the Online Safety Act 2021. ITEC Commissioner means the Illicit Tobacco and E‑cigarette Commissioner. late payment fee: see subsection 174(1). mandatory marking has the meaning given by the regulations. mark has a meaning affected by section 15. Minister for Home Affairs means the Minister administering the Australian Border Force Act 2015. offer, in relation to the sale or supply of a regulated tobacco item or an e‑cigarette product, has a meaning affected by section 16. onsert means any thing (other than the lining of a cigarette pack) that is affixed or otherwise attached to the retail packaging of a tobacco product. Example: A sound chip embedded in the cardboard of a cigarette pack is an onsert. packages: for when a person packages a tobacco product for retail sale, see section 72. paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise). Patents Act means the Patents Act 1990. periodical means an issue (however described and however published) of a newspaper, magazine, journal, newsletter or other similar publication, issues of which are published at regular or irregular intervals. person has a meaning affected by: (a) section 168 (which deals with partnerships); and (b) section 169 (which deals with unincorporated associations); and (c) section 170 (which deals with trusts). pipe tobacco means a loose tobacco product that is intended for use exclusively in a pipe (other than a water pipe). Example: Loose processed tobacco that is intended for use in both roll‑your‑own cigarettes and in a pipe is not pipe tobacco. Note: Examples of water pipes are hookahs, narghiles, hubble bubbles and bongs. prohibited ingredient, in relation to a tobacco product, means an ingredient prohibited under subsection 87(1). prohibited term, in relation to a brand name or a variant name of a tobacco product: see section 73. publish: (a) a tobacco advertisement—see section 30; and (b) an e‑cigarette advertisement—see section 56. regulated tobacco item means a tobacco product or a tobacco product accessory. Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014. related body corporate has the same meaning as in the Corporations Act 2001. reporting entity: see section 130. retail packaging: for retail packaging of a tobacco product, see section 71. Secretary means the Secretary of the Department. shisha tobacco product means a tobacco product that contains molasses as a significant proportion of the product's ingredients. smoking means smoking tobacco products. State or Territory enforcement official means a person: (a) who is appointed, employed or engaged by a State or Territory, or by a local governing body established by or under a law of a State or Territory; and (b) who has compliance and enforcement responsibilities in relation to regulated tobacco items. Therapeutic Goods Act means the Therapeutic Goods Act 1989 and includes any instruments made under that Act. this Act includes the regulations made under this Act. tobacco advertisement: see section 20. tobacco product: see section 9. tobacco product accessory: see section 10. tobacco product requirement means any of the following requirements in relation to regulated tobacco items: (a) a requirement specified in Part 3.3; (b) a requirement prescribed by regulations made under, or for the purposes of, a provision in Part 3.3; (c) a requirement prescribed by regulations made under, or for the purposes of, subsection 124(1). tobacco sponsorship: see section 39. Trade Marks Act means the Trade Marks Act 1995. vaping means inhaling the aerosol or vapour generated or released by an e‑cigarette product. variant name, in relation to a tobacco product, means the name used to distinguish, by reference to one or more characteristics, that kind of tobacco product from other tobacco products supplied under the same brand name. Note: A variant name must not be or include a prohibited term (see section 85). Division 2—Key concepts for this Act 9 Meaning of tobacco product Basic definition (1) A tobacco product means the following designed or intended for human consumption or use: (a) processed tobacco in any form; (b) a product that contains tobacco as an ingredient. Note 1: Loose tobacco for roll‑your‑own cigarettes is an example of processed tobacco. A cigar or cigarette is an example of a product that contains tobacco as an ingredient. Note 2: An e‑cigarette product that contains tobacco is not treated as a tobacco product under this Act (see subsection (4)). Note 3: Tobacco products and tobacco product accessories are together called regulated tobacco items (see definition in section 8). (2) To avoid doubt, a tobacco product includes those parts of the product that are not tobacco. Example: A tobacco product that is a cigarette includes the paper, and any filter tip, in the manufactured product. Certain wrappers excluded (3) A tobacco product does not include a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco. Note: Such wrappers are treated as tobacco product accessories (see paragraph 10(1)(d)). E‑cigarette products excluded (4) A tobacco product does not include an e‑cigarette product (even if the e‑cigarette product contains tobacco). Certain therapeutic goods excluded (5) A tobacco product does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act. 10 Meaning of tobacco product accessory Basic definition (1) A tobacco product accessory means any of the following: (a) a cigarette paper (including a pre‑rolled cigarette paper) that is not part of a tobacco product; (b) a cigarette roller; (c) a filter tip for a cigar or cigarette that is not part of a tobacco product; (d) a wrapper for tobacco that is in the form of a sheet or tube made from or with tobacco; (e) a card, capsule, bead or other device that is designed or intended to alter the flavour, smell or intensity of a tobacco product (except such a device that is part of a tobacco product); (f) a pipe designed or intended for smoking pipe tobacco. Note 1: Tobacco product accessories and tobacco products are together called regulated tobacco items (see definition in section 8). Note 2: The wrappers mentioned in paragraph (d) are sometimes called 'blunts' or 'blunt wraps'. Tobacco product accessories may be prescribed (2) The regulations may prescribe a kind of item to be a tobacco product accessory for the purposes of this Act. (3) Before regulations are made under subsection (2), the Minister must be satisfied that the item is designed or intended for use with or for the human consumption or use of tobacco products. E‑cigarette products excluded (4) A tobacco product accessory does not include an e‑cigarette product (even if the e‑cigarette product contains tobacco). Certain therapeutic goods excluded (5) A tobacco product accessory does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act. 11 Meaning of e‑cigarette Basic definition (1) An e‑cigarette means a device (whether or not containing nicotine or tobacco) that generates or releases, or is designed or intended to generate or release, by electronic means, an aerosol or vapour for inhalation by its user in a way that resembles, or produces an experience similar to, smoking. Note: Examples of e‑cigarettes include e‑cigars, e‑hookah pens, e‑pens, e‑pipes and vapes. Devices that resemble toys, food and other objects (2) A device may be an e‑cigarette even if the device resembles a toy, food, drink, cartoon character, animal, musical instrument, vehicle or household or personal object. E‑cigarettes may be prescribed (3) The regulations may prescribe a kind of item to be an e‑cigarette for the purposes of this Act. (4) Before regulations are made under subsection (3), the Minister must be satisfied that it is appropriate to do so. Certain therapeutic goods excluded (5) An e‑cigarette does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act. 12 Meaning of e‑cigarette accessory Basic definition (1) An e‑cigarette accessory means any of the following: (a) a cartridge, capsule, pod or other vessel that contains, or that is designed or intended to contain, a liquid, gas, aerosol, vapour or other substance for use in an e‑cigarette; (b) such a liquid, gas, aerosol, vapour or other substance (whether or not containing nicotine or tobacco); (c) a heating element designed or intended for use in an e‑cigarette; (d) a battery specifically designed or intended for use in an e‑cigarette. E‑cigarette accessories may be prescribed (2) The regulations may prescribe a kind of item to be an e‑cigarette accessory for the purposes of this Act. (3) Before regulations are made under subsection (2), the Minister must be satisfied that the item is designed or intended for use with or for the human consumption or use of e‑cigarettes. Certain registered therapeutic goods excluded (4) An e‑cigarette accessory does not include a product that is entered on the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act. Division 3—Other interpretation provisions 13 References to different kinds of tobacco products (1) In this Act, tobacco products are of a different kind if they are sold or supplied under: (a) different brand names; or (b) different variant names. (2) If a tobacco product may be consumed or used in more than one way, this Act may treat the product as being of different kinds by reference to the way the product is consumed or used. Example: Loose processed tobacco that may be used in both roll‑your‑own cigarettes and in a pipe may be treated as different kinds of tobacco products. 14 References to manufacturers, importers, distributors and retailers In this Act, a reference to a manufacturer, importer, distributor or retailer of regulated tobacco items or e‑cigarette products includes a reference to a person who manufactures, imports, distributes or sells a range of products, only some of which are regulated tobacco items or e‑cigarette products. 15 References to mark (1) In this Act, a reference to a mark includes, without limitation, any line, letter, number, symbol, ideograph, colour, graphic or image. (2) A mark includes a trade mark. 16 References to an offer to sell or supply A reference in this Act to an offer to sell or supply a regulated tobacco item or an e‑cigarette product includes (without limitation) a reference to: (a) offering the item or product for sale or supply on the internet or from physical premises; and (b) exposing, displaying or advertising the item or product for sale or supply; and (c) making the item or product available for sale or supply even if it is not visible to the public. 17 Tobacco products—rebuttable presumption of offer for retail sale For the purposes of this Act, unless the contrary is proved, a tobacco product is presumed to be offered for retail sale if: (a) an amount of the tobacco product is on physical premises (whether or not open to the public) from which regulated tobacco items are: (i) sold by way of retail sale; or (ii) supplied to fulfil a retail sale; and (b) the amount exceeds the amount (if any) prescribed by regulations made for the purposes of this paragraph. Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code). Chapter 2—Advertising and sponsorship prohibitions Part 2.1—Introduction 18 Simplified outline of this Chapter This Chapter sets out a general prohibition on advertising and sponsorship for regulated tobacco items and includes equivalent prohibitions for e‑cigarette products. A person who contravenes these prohibitions may commit an offence or be liable for a civil penalty. In addition to setting out the general prohibitions, this Chapter defines the following key concepts: (a) tobacco advertisement; (b) tobacco sponsorship; (c) e‑cigarette advertisement; (d) e‑cigarette sponsorship. It also defines how a person publishes an advertisement for the purposes of this Act. In defining these concepts, this Chapter provides for some exceptions to things that might otherwise be captured. For example, communications that involve government or political matters, or the publication in certain circumstances of material relating to a news or current affairs report, are expressly stated not to be tobacco advertisements or e‑cigarette advertisements. Similarly, there are exceptions as to what constitutes a tobacco or e‑cigarette sponsorship, including to permit the making of political donations. This Chapter also permits the publication of tobacco and e‑cigarette advertisements in certain, limited circumstances. Part 2.2—Prohibition of tobacco advertisements Division 1—Offences and civil penalties 19 Prohibition on publishing tobacco advertisements Publishing a tobacco advertisement (1) A person contravenes this subsection if: (a) the person publishes material, or authorises or causes material to be published; and (b) the material is a tobacco advertisement. Publishing material intended etc. to be a tobacco advertisement (2) A person contravenes this subsection if: (a) the person publishes material, or authorises or causes material to be published; and (b) the material is not a tobacco advertisement, but: (i) the person intends the material to be a tobacco advertisement; or (ii) the person is reckless as to whether the material is a tobacco advertisement. Note 1: The physical elements of offences against subsections (4) and (7) are set out in subsections (1) and (2) (see section 165). Note 2: For tobacco advertisement exceptions, see Division 3. Exception for permitted publications (3) Subsections (1) and (2) do not apply to the publication of a tobacco advertisement if the publication is permitted by a provision in Division 5. Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code). Fault‑based offence (4) A person commits an offence if the person contravenes subsection (1) or (2). Penalty: (a) for an individual—2,000 penalty units; and (b) for a body corporate—20,000 penalty units. (5) The fault element for paragraph (1)(b) is recklessness. Geographical application (6) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4). Strict liability offence (7) A person commits an offence of strict liability if the person contravenes subsection (1) or (2). Penalty: (a) for an individual—60 penalty units; and (b) for a body corporate—600 penalty units. Civil penalty provision (8) A person is liable to a civil penalty if the person contravenes subsection (1) or (2). Civil penalty: (a) for an individual—2,000 penalty units; and (b) for a body corporate—20,000 penalty units. Defence for individual publication (9) It is a defence in a prosecution for an offence, or in proceedings for a civil penalty, for a contravention of subsection (1) or (2) if the defendant proves that: (a) the defendant published the material: (i) as an individual; and (ii) on the defendant's own initiative; and (b) the publication was not in the course of, or in any way associated with, the manufacture, importation, distribution or sale of regulated tobacco items by any person; and (c) the defendant did not receive any direct or indirect benefit (whether financial or not) from any person for publishing the material. Note: A defendant bears a legal burden in relation to the matters in this subsection in a prosecution for an offence (see section 13.4 of the Criminal Code). The same applies in proceedings for a civil penalty. Division 2—Meaning of tobacco advertisement 20 Meaning of tobacco advertisement Basic definition (1) A tobacco advertisement means any form of communication, recommendation or action that promotes, or is likely to promote, the following (whether directly or indirectly): (a) smoking; (b) a regulated tobacco item or the use of such an item. Tobacco advertisements—elements (2) A tobacco advertisement may comprise any means, or combination of means, of communication, recommendation or action (whether visual, aural or otherwise). Tobacco advertisements—additional effects (3) In determining whether material is a tobacco advertisement, disregard whether or not the material promotes matters in addition to the matters mentioned in subsection (1). Tobacco advertisements—rebuttable presumption (4) Material that is or contains any of the following is presumed to promote smoking, or a regulated tobacco item or the use of such an item, unless the contrary is proved: (a) a trade mark that is registered under the Trade Marks Act in respect of goods that are or include regulated tobacco items; (b) a design that is registered under the Designs Act in relation to products that are or include regulated tobacco items; (c) a trade mark, design, colour, logo, get‑up or work (within the meaning of the Copyright Act) that is evocative of, or closely associated with, a registered trade mark or design that is used, or has been used by any person at any time, in relation to regulated tobacco items; (d) a prohibited term in relation to the brand name or variant name of a tobacco product. Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code). Tobacco advertisements—names of tobacco manufacturers, importers etc. (5) Promoting the whole or a part of the name of a person constitutes a tobacco advertisement if: (a) the person is a manufacturer, importer, distributor or retailer of regulated tobacco items; and (b) the person's name appears on a tobacco product, or on the retail packaging of a tobacco product. Note: The use of the name of a person mentioned in this subsection does not constitute a tobacco advertisement in certain circumstances (see Division 3). Tobacco advertisements may be prescribed (6) The regulations may prescribe a kind of material to be a tobacco advertisement for the purposes of this Act. (7) Before regulations are made under subsection (6), the Minister must be satisfied: (a) that it is appropriate to do so; and (b) that making the proposed regulations would not be inconsistent with Division 3 (about exceptions to tobacco advertisements). Division 3—Tobacco advertisements—exceptions 21 Exception—labelling and packaging (1) Marks that appear on a regulated tobacco item, or on the retail packaging of a tobacco product, do not, of themselves, constitute a tobacco advertisement. (2) Subsection (1) applies only if the regulated tobacco item, or the retail packaging of the tobacco product, complies with the tobacco product requirements (whether in relation to the marks or otherwise). (3) Despite subsection (1), a communication, recommendation or action in relation to the regulated tobacco item, or the retail packaging of the tobacco product, may constitute a tobacco advertisement. 22 Exception—standard business documents (1) Marks that appear on a document prepared in the ordinary course of business of a manufacturer, importer, distributor or retailer of regulated tobacco items do not, of themselves, constitute a tobacco advertisement. Note: Examples of such documents include orders, invoices, statements and documents relating to procurement and employment. (2) Despite subsection (1), a communication, recommendation or action in relation to the document may constitute a tobacco advertisement. 23 Exception—business signage (1) Business signage satisfying subsection (2) that appears in, on or near business premises occupied by a manufacturer, importer, distributor or retailer of regulated tobacco items does not, of itself, constitute a tobacco advertisement. (2) Business signage satisfies this subsection if it does no more than state one or more of the following: (a) the name and contact details of the manufacturer, importer, distributor or retailer that occupies the business premises; (b) the nature of the business; (c) the location of the business. (3) Despite subsection (1), a communication, recommendation or action in relation to business signage may constitute a tobacco advertisement. 24 Exception—notice of availability of regulated tobacco items A statement that regulated tobacco items, or that such items of a particular kind, are available from a manufacturer, importer, distributor or retailer does not, of itself, constitute a tobacco advertisement if the statement does not: (a) use the brand name or variant name of any particular kind of tobacco product; or (b) contain anything that would enable a particular regulated tobacco item, or a range of such items, to be identified. 25 Exception—consumer matters None of the following communications, of themselves, constitute a tobacco advertisement: (a) recalling a regulated tobacco item; (b) disclosing a defect in, or a dangerous characteristic of, a regulated tobacco item; (c) disclosing circumstances in which the use of a regulated tobacco item is or may be dangerous; (d) disclosing procedures for the appropriate disposal of a regulated tobacco item; (e) informing people about their consumer rights in relation to regulated tobacco items. 26 Exception—communications about government or political matters (1) A communication does not constitute a tobacco advertisement to the extent that it is a communication about government or political matters. (2) The use in such a communication of the whole name of a manufacturer, importer, distributor or retailer of regulated tobacco items does not, of itself, make the communication constitute a tobacco advertisement. 27 Exception—artistic works and public interest expression None of the following constitutes a tobacco advertisement: (a) the performance, exhibition or distribution, in good faith, of an artistic work; (b) a communication to the extent the communication is made for any genuine academic, educational or scientific purpose or any other genuine purpose in the public interest. 28 Exception—journalism The publication of material that is or relates to a news report, or a current affairs report, does not constitute a tobacco advertisement if the following conditions are satisfied: (a) the public interest in the publication of the material outweighs any likely adverse effect of the publication on achieving the objects in paragraphs 3(1)(a) and (b) (about regulated tobacco items); (b) the publication is made by a person working in a professional capacity as a qualified journalist; (c) no person receives a benefit of any kind in connection with the publication from: (i) a manufacturer, importer, distributor or retailer of tobacco products; or (ii) a related body corporate of such a manufacturer, importer, distributor or retailer. 29 Exception—disclosures and acknowledgements by authors Neither of the following statements made by an author of a work published, or intended for publication, in a periodical constitutes a tobacco advertisement: (a) a statement made in the work to disclose the author's conflict of interest in relation to the work; (b) a statement made in the work that does no more than acknowledge a contribution made to the author in connection with the preparation of the work. Note: Part 2.3 prohibits tobacco sponsorships. Division 4—Meaning of publish a tobacco advertisement 30 Meaning of publish a tobacco advertisement Basic definition (1) A person publishes a tobacco advertisement if the person uses any means of communication to make the material comprising the advertisement, or the material containing the advertisement, available to, or accessible by, the public or a section of the public. Material included in things sold etc. (2) Without limiting subsection (1), material is taken to be made available to, or accessible by, the public or a section of the public if the material is included in something sold, or offered for sale or supply, to the public or a section of the public. Targeted online advertising (3) Without limiting subsection (1), material is taken to be made available to, or accessible by, the public or a section of the public if: (a) the material is made available to, or accessible by, a person using the internet; and (b) the material is made available to that person because of: (i) the use of an algorithm; or (ii) the person's online activity; or (iii) any other characteristic of that person as an internet end user. Private events or functions (4) Without limiting subsection (1), material is taken to be made available to, or accessible by, the public or a section of the public if: (a) the material is made available to, or accessible by, a person attending a private event or function to which access is restricted; and (b) the purpose of the event or function is or includes the promotion of: (i) smoking; or (ii) a regulated tobacco item or the use of such an item; or (iii) a manufacturer, importer, distributor or retailer of such an item. (5) In determining whether material is made available to, or accessible by, the public or a section of the public at a private event or function, disregard whether or not payment or other consideration is received from any person in relation to the event or function. Division 5—Tobacco advertisements—permitted publications 31 Permitted publication—physical premises point of sale Tobacco advertisements complying with State and Territory law (1) A person may publish a tobacco advertisement if: (a) the person displays the tobacco advertisement at physical premises where regulated tobacco items are offered for retail sale; and (b) a law of the State or Territory in which the premises are located regulates the advertising of regulated tobacco items; and (c) that law contains provisions expressly dealing with the display of advertisements for regulated tobacco items at or on premises where such items are offered for retail sale; and (d) the display of the tobacco advertisement complies with those provisions; and (e) the tobacco advertisement is not visible from outside the premises. Particular physical premises (2) Without limiting subsection (1), each of the following is taken to be physical premises for the purposes of that subsection: (a) a kiosk, market stall or other place that has fixed boundaries, whether or not those boundaries have walls, where goods are offered for retail sale; (b) a vending machine; (c) a motor vehicle. 32 Permitted publication—online point of sale Tobacco advertisements complying with State and Territory law (1) A person may publish a tobacco advertisement if: (a) the person makes the advertisement available on, or accessible using, the internet; and (b) the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and (c) the advertisement enables a person accessing the advertisement to purchase a regulated tobacco item; and (d) the publication of the tobacco advertisement is covered by subsection (2). (2) The publication of a tobacco advertisement is covered by this subsection if: (a) a law of the State or Territory regulates the advertising of regulated tobacco items on the internet; and (b) that law contains provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and (c) the publication of the advertisement complies with those provisions. Tobacco advertisements complying with Commonwealth regulations (3) A person may publish a tobacco advertisement if: (a) the person makes the advertisement available on, or accessible using, the internet; and (b) the advertisement is available to, or accessible by, the public, or a section of the public, in a State or Territory; and (c) the advertisement enables a person accessing the tobacco advertisement to purchase a regulated tobacco item; and (d) either: (i) there is no law of the State or Territory that regulates the advertising of regulated tobacco items on the internet; or (ii) there is such a law, but it does not contain any provisions expressly dealing with the publication of tobacco advertisements on the internet that enable a person accessing the advertisement to purchase a regulated tobacco item; and (e) the publication of the advertisement complies with the regulations (if any) made for the purposes of this paragraph. (4) Regulations made for the purposes of paragraph (3)(e) may, without limitation, prescribe matters in relation to any of the following: (a) the webpage, or the website, on which tobacco advertisements are displayed; (b) the size, content, format and location of tobacco advertisements; (c) without limiting paragraph (b)—the inclusion in or with tobacco advertisements of any of the following: (i) health warnings; (ii) messages that are included on health promotion inserts; (iii) warnings about age restrictions on the retail sale of regulated tobacco items; (iv) information about any fees, taxes and charges payable in relation to regulated tobacco items; (d) age restricted access systems for access to tobacco advertisements. 33 Permitted publication—trade communications (1) A person may publish a tobacco advertisement if the person makes the advertisement available to, or accessible by, a group of people all of whom are involved in the manufacture, importation, distribution or sale of regulated tobacco items. (2) Subsection (1) applies only if: (a) the tobacco advertisement is not available to, or accessible by, persons other than those involved in the manufacture, importation, distribution or sale of regulated tobacco items; and (b) the advertisement does not, apart from the fact of the advertisement, actively promote smoking or the use of regulated tobacco items; and (c) in a case where the advertisement relates to the sale or supply of a particular regulated tobacco item—the advertisement is limited to factual information about the item and the terms of the sale or supply of the item. Note: Factual information about a regulated tobacco item includes the brand or variant name, price, ingredients, availability and package sizing. 34 Permitted publication—telecommunications and online service providers A person may publish a tobacco advertisement if: (a) the person is a carrier and, in publishing the tobacco advertisement, the person is acting solely in the person's capacity as a carrier; or (b) the person is a carriage service provider and, in publishing the tobacco advertisement, the person is acting solely in the person's capacity as a carriage service provider; or (c) the person is an internet service provider and, in publishing the tobacco advertisement, the person is acting solely in the person's capacity as an internet service provider; or (d) the person is an Australian hosting service provider and, in publishing the tobacco advertisement, the person is acting solely in the person's capacity as Australian hosting service provider. 35 Permitted publication—periodicals printed outside Australia A person may publish a tobacco advertisement if: (a) the advertisement is contained in a hard copy periodical printed outside Australia; and (b) the periodical is not principally intended for distribution or use in Australia; and (c) the conduct constituting publication of the advertisement consists of no more than selling or supplying, or offering to sell or supply, the periodical. 36 Permitted publication—compliance activities A person may publish a tobacco advertisement if the publication is: (a) made to comply with a request by, or a requirement of, an authorised officer in relation to administering or enforcing this Act (including exercising any function or power under the Regulatory Powers Act as it applies to this Act); or (b) authorised or required by any other law of the Commonwealth or any law of a State or Territory. 37 Permitted publication—advertisements during aircraft flight (1) A person may publish a tobacco advertisement if: (a) the person is operating the flight of an aircraft; and (b) the person publishes the advertisement in the aircraft during the flight. (2) Subsection (1) does not apply if the flight begins at a place in Australia and is intended to end at another place in Australia. (3) For the purposes of subsection (1), each sector of a flight of an aircraft is taken to be a separate flight. Part 2.3—Prohibition of tobacco sponsorships Division 1—Offences and civil penalties 38 Prohibition on entering into tobacco sponsorships Entering into a tobacco sponsorship (1) A person (the first person) contravenes this subsection if: (a) the first person engages in any of the following conduct: (i) making a contribution of any kind to another person; (ii) entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person; (iii) making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and (b) the conduct constitutes a tobacco sponsorship. Engaging in conduct intended etc. to be a tobacco sponsorship (2) A person (the first person) contravenes this subsection if: (a) the first person engages in any of the following conduct: (i) making a contribution of any kind to another person; (ii) entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person; (iii) making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and (b) the conduct does not constitute a tobacco sponsorship, but: (i) the first person intends the conduct to be a tobacco sponsorship; or (ii) the first person is reckless as to whether the conduct is a tobacco sponsorship. Note: The physical elements of offences against subsections (4) and (7) are set out in subsections (1) and (2) (see section 165). (3) For the purposes of subsections (1) and (2), it does not matter whether the arrangement, agreement, understanding, promise or undertaking: (a) is in writing; or (b) is express or implied; or (c) is legally binding; or (d) is publicly acknowledged. Fault‑based offence (4) A person commits an offence if the person contravenes subsection (1) or (2). Penalty: (a) for an individual—2,000 penalty units; and (b) for a body corporate—20,000 penalty units. (5) The fault element for paragraph (1)(b) is recklessness. Geographical application (6) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4). Strict liability offence (7) A person commits an offence of strict liability if the person contravenes subsection (1) or (2). Penalty: (a) for an individual—60 penalty units; and (b) for a body corporate—600 penalty units. Civil penalty provision (8) A person is liable to a civil penalty if the person contravenes subsection (1) or (2). Civil penalty: (a) for an individual—2,000 penalty units; and (b) for a body corporate—20,000 penalty units. Division 2—Meaning of tobacco sponsorship 39 Meaning of tobacco sponsorship Basic definition (1) A tobacco sponsorship means any form of contribution (whether financial or otherwise) to an event, activity or individual that promotes, or is likely to promote, the following (whether directly or indirectly): (a) smoking; (b) a regulated tobacco item or the use of such an item. Note: In some circumstances, a tobacco sponsorship may also constitute a tobacco advertisement. Tobacco sponsorships may be prescribed (2) The regulations may prescribe a kind of contribution to be a tobacco sponsorship for the purposes of this Act. Division 3—Tobacco sponsorships—exceptions 40 Exception—political donations and electoral expenditure (1) A contribution of the following kind made to a person or entity covered by subsection (2) does not constitute a tobacco sponsorship: (a) a gift; (b) a payment or reimbursement of electoral expenditure incurred during an election period. (2) This subsection covers the following persons and entities: (a) a member of the Parliament of the Commonwealth, the Parliament of a State or the Legislative Assembly of a Territory; (b) a candidate for election to such a Parliament or Legislative Assembly; (c) a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation; (d) an entity that is associated with a person or entity mentioned in paragraphs (a) to (c); (e) another person campaigning for or on behalf of a person or entity mentioned in paragraphs (a) to (c). (3) Terms used in subsection (1) that are defined in the law dealing with electoral matters (within the ordinary meaning of that expression) of the jurisdiction of the person or entity covered by subsection (2) to whom the contribution is made have the same meaning in subsection (1) as they have in that law. Example: If a gift is made to a member of the Parliament of New South Wales, and the term 'gift' has a defined meaning in the electoral law of that State, then 'gift' has the same meaning for the purposes of subsection (1). 41 Exception—statements by authors A statement made by an author of a work that is published, or intended for publication, in a periodical to disclose the author's conflict of interest in relation to the work does not constitute a tobacco sponsorship. Part 2.4—Prohibition of e‑cigarette advertisements Division 1—Offences and civil penalties 42 Prohibition on publishing e‑cigarette advertisements Publishing an e‑cigarette advertisement (1) A person contravenes this subsection if: (a) the person publishes material, or authorises or causes material to be published; and (b) the material is an e‑cigarette advertisement; and (c) any of the following apply: (i) the person is a constitutional corporation; (ii) the person is a body corporate that is incorporated in a Territory; (iii) the publication is made in the course of constitutional trade or commerce; (iv) the publication is made using a postal, telegraphic, telephonic or other like service within the meaning of p