Section 2
In this Order, unless the context otherwise requires -
"advertisement"
includes any notice, circular, pamphlet, brochure, programme, price-list, label, wrapper or other document and any announce-ment, notification or intimation, to the public or any section thereof or to any person made -
{a)
orally or in writing;
{b) by means of any poster, placard, notice or other document affixed, posted up or displayed on any wall, billboard or hoarding or on any other object or thing;
{c)
by means of producing or transmitting sound or light and whether for aural or visual reception or both;
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2005
(dJ by means of any writing on any vehicle or any other object or thing; or
(ej in any other manner whatsoever;
"authorised officer" means any person appointed under subsection (1) of section 23;
"cigarette" means any product which consists in whole or in part of cut, shredded or manufactured tobacco, or any tobacco derivative or substitute, rolled up in paper, tobacco leaf or other material and which is in such form as to be capable of immediate use for smoking;
"Director-General" means the Director-General of Health Services;
"imitation tobacco product" means any of the products referred to in subsection (1) of section 6;
"manager", in relation to a specified building, includes any owner, occupier, lessee or person who is responsible for the management of that building or is in charge or in control thereof, and includes an assistant manager or supervisor and any person holding an appointment analogous to that of manager, assistant manager or supervisor;
"Minister" means the Minister of Health;
"newspaper" includes any magazine, journal, periodical or any other publication containing news, intelligence, information or reports of occurrences, or any remarks, observations or comments in relation either to such news, intelligence, information or occurrences or to any other matter of interest to the public or any section of the public, issued in any language at regular or irregular intervals;
"operator", in relation to a specified vehicle, means any owner, ticket or tour conductor, driver, ticket inspector or person who is in charge or in control of the specified vehicle;
"public service vehicle" has the same meaning as in subsection ( 1) of section 2 of the Road Traffic Act (Chapter 68);
"publish", in relation to an advertisement, includes issuing, showing, displaying, exhibiting or making known an advertisement in any manner whatsoever;
"smoking" means inhaling and expelling the smoke of tobacco or any other substance and includes the holding of any cigar, cigarette, pipe or any other form of tobacco product which is alight or emitting smoke;
"specified place" means any premises or building or any part thereof as specified in a notification made under subsection (1) of section 14;
"specified vehicle" means any public service vehicle or any part thereof as specified in a notification made under subsection (1) of section 14;
"tobacco" means the leaf of the Nicotiana Tobacum plant or other related plants, and any product obtained therefrom;
"tobacco product" means a cigarette, cigar or any other form of tobacco including any mixture containing tobacco;
"tobacco product advertisement" means any advertisement -
(a)
containing any express or implied inducement, suggestion or request to purchase or to smoke any tobacco product;
(b)
relating to smoking in terms which are calculated, expressly or impliedly, to lead to, induce, urge, promote or encourage the use of any tobacco product for the purpose of smoking; or
(c)
which mentions, illustrates or depicts-
(i)
the name or trade name of any person associated or concerned with the manufacture, distribution or marketing of any tobacco product;
(ii)
a brand name of or trade mark relating to any tobacco product; or
(iii)
any pictorial device commonly associated with a brand name of or trade mark relating to any tobacco product;
"vending machine" means a machine or device that is constructed to contain tobacco products and which can automatically dispense any tobacco product upon the insertion of any note, coin, token or similar object into such a machine or device.
988
28th.
2005