(1) Notwithstanding anything in section 22, a retailer of tobacco products may do either or both of the following things:
(a) [Repealed]
(b) Subject to subsections (3) and (4), display, inside that retailer's place of business, any notice identifying the tobacco products that are available for purchase in that place and indicating their price:
(c) Display the retailer's name or trade name on the exterior of the retailer's place of business, in accordance with regulations made under this Part, even though the name contains any word or expression signifying that any tobacco product is available in that place for purchase, so long as the name does not include the trade mark of a tobacco product or the company name of a tobacco products manufacturer.
(2) Subject to subsections (3) and (4), any person who offers for sale, by way of an automatic vending machine, any tobacco product may display, on the exterior of the vending machine, any notice identifying that tobacco product and indicating its price.
(3) Every notice to which subsection (1)(b) or subsection (2) applies must comply with the following requirements:
(a) The notice must be no larger than 90mm by 55mm:
(b) The background of the notice must be white, and all words, figures, or other material appearing on the notice must be black:
(c) No material other than the following may appear on the notice:
(i) The name of the tobacco product (which may consist of or include a brand or brand variant):
(ii) Any logo, design, or similar device that is usually associated with that tobacco product:
(iii) A depiction of the package in which the tobacco product is customarily sold:
(iv) The quantity in which the tobacco product is sold (whether by weight or number):
(v) The price of the tobacco product.
(4) The combined area of all notices to which subsection (3) applies and that are displayed—
(a) Inside a retailer's place of business; or
(b) On the exterior of an automatic vending machine—
must not exceed, in total, 21cm by 29.7cm.
Subsection (1)(b) of the original section 23 was substituted, and subsection (1)(c) was repealed, as from 29 July 1997, by section 7(1) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Section 23 was substituted, as from 11 December 1998, by section 7(2) Smoke-free Environments Amendment Act 1997 (1997 No 32).
Subsection (1) was amended, as from 10 December 2004, by section 16(a) Smoke-free Environments Amendment Act 2003 (2003 No 127) by substituting the words “either or both”
for the words “all or any”
.
Subsection (1)(a) was repealed, as from 10 December 2004, by section 16(b) Smoke-free Environments Amendment Act 2003 (2003 No 127).