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Notice given 16 March 2007

3047  Senator Allison: To ask the Minister representing the Minister for Health and Ageing—With reference to the Tobacco Advertising Prohibition Act 1992 :

(1) Which categories of contraventions of the Act fall within the statutory reporting obligation.

(2) Does the Minister report only on contraventions that have resulted in a prosecution or a conviction or does the Minister report also on instances where the department considers that a contravention has occurred but no prosecution has followed.


 (3) For each of the years 2005 and 2006: (a) how many complaints did the department receive about alleged breaches of the Act; and (b) what action, if any, was taken in relation to each of these complaints.

(4) Can the Minister confirm that: (a) in 2006 the Australian Communications and Media Authority (ACMA) ruled that radio broadcaster 3AW had broadcast three tobacco advertisements in one program that were not an accidental or incidental accompaniment to the broadcast of other matter; and (b) ACMA stated that this conduct could constitute an offence under the Broadcasting Services Act 1992 because the broadcast of a tobacco advertisement in contravention of the Tobacco Advertisement Prohibition Act 1992 was a breach of licence conditions; if so, why was this not noted in the report on the number and nature of any contraventions of the Tobacco Advertising Prohibition Act occurring in the preceding 12 months tabled in the Senate on 7 February 2007, pursuant to subsection 34A of the Act.

(5) Can the Minister explain how each of the following recent promotional campaigns are permitted to be published under the Act: (a) the catalogue of Gripp Jeans, a Melbourne clothing brand, showing two separate images of young women smoking; (b) the advertisement for Wheels and Dollbaby, a Sydney fashion label, in the March 2007 issue of the Australian Harper’s Bazaar that shows a young blonde with a cigarette; and (c) the recent billboard from Everlast, a sports clothing company, that shows a teenage boy with a cigarette in his mouth.