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Wednesday, 10 March 2004
Page: 21308


Senator ALLISON (7:24 PM) —Earlier today I tabled the Tobacco Advertising Prohibition (Film, Internet and Misleading Promotion) Amendment Bill 2004. This evening I seek leave to incorporate that bill, which I should have done in the first place.

Leave granted.

The document read as follows—

TOBACCO ADVERTISING PROHIBITION (FILM, INTERNET AND MISLEADING PROMOTION) AMENDMENT BILL 2004: EXPOSURE DRAFT

2002-2003-2004

The Parliament of the

Commonwealth of Australia

THE SENATE

(EXPOSURE DRAFT)

(Comments on this Bill may be emailed to Senator.Allison@aph.gov.au)

Tobacco Advertising Prohibition (Film, Internet and Misleading Promotion)

Amendment Bill 2004

No. , 2004

(Senator Allison)

A Bill for an Act to amend the Tobacco Advertising Prohibition Act 1992 to prohibit tobacco advertising and the offering for sale of tobacco products on the Internet and the prohibition of tobacco product placement in films, and for related purposes

Contents

1 Short title...............................................................................................................1

2 Commencement.....................................................................................................1

3 Objects...................................................................................................................2

Schedule 1—Amendment of the Tobacco Advertising Prohibition Act 19923

Schedule 2—Amendment of the Broadcasting Services Act 7

A Bill for an Act to amend the Tobacco Advertising Prohibition Act 1992 to prohibit tobacco advertising and the offering for sale of tobacco products on the Internet and the prohibition of tobacco product placement in films, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Tobacco Advertising Prohibition (Film, Internet and Misleading Promotion) Amendment Act 2004.

2 Commencement

This Act commences on the day on which it receives the Royal Assent.

3 Objects

The objects of this Act are:

(a) to ensure that the intent and operation of the Tobacco Advertising Prohibition Act 1992 maintains pace with technological advances in advertising and remains current and effective by adding Internet advertising to the means of tobacco advertising which are prohibited; and

(b) to prohibit the offering for sale of tobacco products on the Internet; and

(c) to prohibit the use of certain words in advertising which are misleading, deceptive and are not conducive to public health.

Schedule 1Amendment of the Tobacco Advertising Prohibition Act 1992

1 Section 8

Insert:

computer game means a computer game made after 1 July 2004 and includes a computer program and any associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of a game.

film means a film made after 1 July 2004 and includes a cinematographic film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image can be produced (with or without its sound track) and includes a computer game.

product placement includes the depiction of advertisements of tobacco products or smoking in a film, television program or computer game in return for a benefit given by the manufacturer, distributor or retailer of the tobacco product to the maker of the film, television program or computer game.

2 Section 8 (after paragraph (a) of the definition of tobacco product)

Insert:

(ab) any product designed or intended for consumption by smoking; and

3 Section 8 (at the end of the paragraph (c) of the definition of tobacco product)

Add:

“, cigar case or cigarette case..

4 Paragraph 9(1)(f)

Repeal the paragraph, substitute:

(f) any other words (for example the whole or a part of a brand name) or designs, or colour or colour schemes, or combination of words, designs and colour schemes, that are closely associated with a tobacco product or a range of tobacco products (whether also closely associated with other kinds of products), including the words .mild., .light. and .menthol. and phrases including .low tar., .super mild., .ultra mild., .extra mild., .ultra light. and .special filter. or any other image, message or communication by any means associated with tobacco products.

5 Before subsection (10)(1)(a)

Insert:

(aa) the person includes the advertisement, or something that contains the advertisement, on an Internet site;

6 After subsection (10)(1)(b)

Insert:

(ba) the person includes the image of a tobacco product or tobacco brand name as defined in section 9 in a film produced or screened in Australia;

(bb) for the purpose of this section, includes means that the image is clearly visible and intended to be visible to the film viewer in the manner known as product placement;

7 After section 13

Insert:

13A Films not to include product placement of tobacco products

A person or a regulated corporation must not, knowingly or recklessly, screen a film or television program, made after 1 July 2004 containing a product placement of a tobacco product, in Australia or Norfolk Island on or after 1 July 2004.

Penalty:

(a) for an individual—120 penalty units;

(b) for a body corporate—5,000 penalty units.

13B Persons engaged in film industry not to offer or accept a product placement arrangement

A person or a regulated corporation must not, knowingly or recklessly, demand, solicit, offer or accept any direct or indirect benefit for the inclusion in Australia or Norfolk Island on or after 1 July 2004 in a television program, film or computer game, any depiction or image of a tobacco product, a tobacco advertisement or the smoking of tobacco.

Penalty:

(a) for an individual—120 penalty units;

(b) for a body corporate—5,000 penalty units.

13C Tobacco products not to be offered for sale on the Internet

A person or a regulated corporation must not, knowingly or recklessly, offer on or after 1 July 2004 a tobacco product for sale on the Internet.

Penalty:

(a) for an individual—120 penalty units;

(b) for a body corporate—5,000 penalty units.

13D Computer games not to include product placement of tobacco products

A person or a regulated corporation must not, knowingly or recklessly, include in a computer game that is available in Australia or Norfolk Island on or after 1 July 2004 a product placement of a tobacco product, a tobacco advertisement or any audio or visual depiction of the smoking of tobacco.

Penalty:

(a) for an individual—120 penalty units;

(b) for a body corporate—5,000 penalty units.

8 At the end of section 16

Add:

(4) For the purposes of this section, the Internet is not taken to be a place where tobacco products may be offered for sale.

9 After section 22

Insert:

22A Commonwealth expenditure prohibited where cosponsorship from tobacco companies exist

(1) No expenditure shall be made by the Commonwealth for any purpose or promotional activity where the purpose or promotional activity is also supported by a manufacturer, distributor or retailer of tobacco products.

(2) For the purposes of this section, support includes payment, advertising, the provision of facilities or equipment or personnel resources to assist the purpose or promotional activity mentioned in subsection (1).

(3) For the purposes of subsection (1), purpose includes cultural, sporting and like activities.

(4) For the avoidance of doubt, the prohibition of Commonwealth expenditure provided for in this section includes and extends to departments and agencies of the Commonwealth and any agents or contractors of the Commonwealth acting in their capacity as agents or contractors of the Commonwealth.

Schedule 2Amendment of the Broadcasting Services Act

1 Schedule 5, Part 3, Division 1, at the end of clause 10

Add:

Internet content containing tobacco advertising

(3) For the purposes of this Schedule, a tobacco advertisement or the product placement of a tobacco product hosted on the Internet inside Australia or hosted on the Internet outside Australia is prohibited content.

Note: Tobacco advertising and product placement are defined in the Tobacco Advertising Prohibition Act 1992

Senate adjourned at 7.24 p.m.