The plaintiff, the Chief Health Officer of the New South Wales Department of Health, brought 26 prosecutions against the defendant for breaching s61B of the Public Health Act 1991, which created an offence for directly or indirectly displaying a tobacco advertisement.
The defendant owned a number of convenience stores. It was alleged that on each count a health officer had entered one of the defendant's stores and asked for a single packet of cigarettes, and then the sales assistant had told the health officer that he/she could have a second packet of cigarettes at a reduced price.
James J agreed with the prosecution that this conduct constituted "display" of tobacco advertisement in contravention of the Act. James J rejected the defence argument that a tobacco advertisement must have some degree of permanency and not be merely transient, among other things because "audible message" was included in the definition of "tobacco advertisement" in the Act.
For the further sentencing decision, see: Robinson v. Eureka Operations Pty Ltd [2009] NSWSC 784.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
The plaintiff, the Chief Health Officer of the New South Wales Department of Health, brought 26 prosecutions against the defendant for breaching s61B of the Public Health Act 1991, which created an offence for directly or indirectly displaying a tobacco advertisement.
The defendant owned a number of convenience stores. It was alleged that on each count a health officer had entered one of the defendant's stores and asked for a single packet of cigarettes, and then the sales assistant had told the health officer that he/she could have a second packet of cigarettes at a reduced price.
James J agreed with the prosecution that this conduct constituted "display" of tobacco advertisement in contravention of the Act. James J rejected the defence argument that a tobacco advertisement must have some degree of permanency and not be merely transient, among other things because "audible message" was included in the definition of "tobacco advertisement" in the Act.
For the further sentencing decision, see: Robinson v. Eureka Operations Pty Ltd [2009] NSWSC 784.