LANGUAGE
Last updated: September 17th 2019

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person, unincorporated body, or incorporated body and its directors, servants, and agents, who commit an offense
Fine
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Enforcement Agency

Department of Health and Ageing

Analysis

Sections 13 and 15 of the Tobacco Advertising Prohibition Act provide that the maximum fine for an individual who publishes or broadcasts an advertisement is 120 penalty units ($13,200 as of January 2007). For a corporation, the fine is up to 600 penalty units ($66,000 as of January 2007). With respect to tobacco advertising on the internet, the maximum fine for an individual who publishes an advertisement is 120 penalty units.

Penalties for violating plain packaging provisions, which come into effect in October through December 2012 (times vary for manufacturers and sellers), are: 2000 penalty units for a fault-based offense or civil penalty provision, and 60 penalty units for a strict liability offense.

[Note: The value of a penalty unit is provided by s.4AA of the Crimes Act 1914. As of January 2007, a penalty unit is $110. The Crimes Act 1914 s.4B(3) raises the penalty for a corporation.]

The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations for most offenses. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, penalties should be graded and commensurate with the seriousness of the offense, and should be higher for repeat violations. License suspension and cancellation should also be considered as penalties.

Sponsorship

Any person, unincorporated body, or incorporated body and its directors, servants, and agents, who commit an offense
Fine
Expand to view related litigation.
Enforcement Agency

Department of Health and Ageing

Analysis

Sections 13 and 15 of Tobacco Advertising Prohibition Act provide that the maximum fine for an individual who publishes or broadcasts an advertisement is 120 penalty units ($13,200 as of January 2007). For a corporation, the fine is up to 600 penalty units ($66,000 as of January 2007).

[Note: The value of a penalty unit is provided by s.4AA of the Crimes Act 1914. As of January 2007, a penalty unit is $110. The Crimes Act 1914 s.4B(3) raises the penalty for a corporation.]

The provisions align with FCTC Art. 13 and the FCTC Art. 13 Guidelines in that penalties apply to entities as well as individuals and to officers and agents of corporations. However, to fully align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, penalties should be graded and commensurate with seriousness of the offense, and should be higher for repeat violations. License suspension and cancellation should also be considered as penalties.