Document ID: chunk:federal_register_of_legislation:F2020L01653:schedule:1:p11
Version: federal_register_of_legislation:F2020L01653
Segment Type: schedule
Provision Reference: sch 1 (pt 11/16)
Character Range: 29961–33037

A licensee must not broadcast an advertisement for a food product that contains any misleading or incorrect information about the nutritional value of that product.

22 Disclaimers and premium offers

      (1) A licensee must not broadcast an advertisement that includes a disclaimer unless the disclaimer is presented conspicuously.

      (2) An advertisement that contains a premium offer must:
         (a) not make reference to the premium in a way that is more than merely incidental to the reference to the advertised product or service; and
         (b) not stimulate any unreasonable expectation of the product or service offered; and
         (c) clearly set out any conditions that must be met before the premium may be obtained.

      Example   If an advertisement advertises a product that has both food and non‑food components, and the non‑food component is a premium, the reference to the non‑food component must be merely incidental to the reference to the food component.

      (3) For paragraph (2)(a), the following matters are relevant in the consideration of whether a premium offer is merely incidental:
         (a) the amount of time devoted to the premium offer compared to the amount of time devoted to the product or service being advertised; and
         (b) the way in which pictures, text or moving images are used to promote the premium offer; and
         (c) the way in which sound is used to promote the premium offer.

23 Competitions

        A licensee must not broadcast a program or advertisement that refers to competitions for children unless:
         (a) a summary of the basic rules is stated; and
         (b) any statement about the chance of winning is clear, fair and accurate.

24 Prohibition on advertising during and adjacent to P programs
      A licensee must not broadcast any advertising immediately before, during or immediately after a P program.

      25                           Identification of C programs and P programs
      (1) A licensee must identify any C program it broadcasts by including the classification symbol 'C':
         (a)      in the broadcast itself; and
         (b)      alongside any mention of the program in:
            (i)       a broadcast schedule;
            (ii)     an entry relating to the program in any electronic program guide maintained by the licensee; and
            (iii)   material relating to the program on the licensee's website.

      (2) A licensee must identify any P program it broadcasts by including the classification symbol 'P':
         (a)      in the broadcast itself; and
         (b)      alongside any mention of the program in:
            (i)       a broadcast schedule;
            (ii)     an entry relating to the program in any electronic program guide maintained by the licensee; and
            (iii)   material relating to the program on the licensee's website.

   Division 2 – Other protections during C programs and P programs

26 Application of this Division

      (1)           This Division applies to the broadcast by a licensee of: