11.3.1 Tobacco Advertising Prohibition Act 1992
The Tobacco Advertising Prohibition Act 1992i was introduced to provide a national standard for tobacco advertising. The objectives of the TAP Act are:
1. Limit the exposure of the public to messages and images that may persuade them:
to start smoking, or to continue smoking or
to use, or to continue using, tobacco products.
2. Improve public health.
The TAP Act defines an advertisement as any writing, still or moving picture, sign, symbol or other visual image, or any audible message, or any combination of two or more of those things, that gives publicity to, or otherwise promotes or is intended to promote:
smoking
the purchase or use of a tobacco product or a range of tobacco products
the whole or a part of a trademark that is registered under the Trade Marks Act 1955 in respect of goods that are or include tobacco products
the whole or a part of a design that is registered under the Designs Act 2003 in relation to products that are or include tobacco products
the whole or a part of the name of a person:
who is a manufacturer of tobacco products and
whose name appears on, or on the packaging of, some or all of those products
any other words (for example the whole or a part of a brand name) or designs, or combination of words and designs, that are closely associated with a tobacco product or a range of tobacco products (whether also closely associated with other kinds of products).
The TAP Act imposes restrictions on the broadcasting and publishing of tobacco advertisements. The prohibitions cover print media advertising; advertisements in the form of films, videos, television or radio and the internet; advertising on tickets; advertising of sponsorship; the sale or supply of any item containing a tobacco advertisement; and outdoor advertising on billboards or public transport. Under the TAP Act tobacco can still be sold via direct mail, the Internet and at points of sale, however the TAP Act and state and territory legislation impose restrictions on the advertising and promotion of tobacco.3 In circumstances where state or territory legislation enforces more restrictive practices than the Commonwealth (national) legislation, the state or territory legislation takes precedence. The TAP Act has undergone several amendments to further restrict tobacco advertising and sponsorship.