Austria

The Tobacco Act was first adopted in 1995 and amended several times since (last amendment in 2008). The Act provides definitions (§1), restrictions on the sale of tobacco products (§2), it also regulates cigarettes contents and tobacco products packaging (§3 - §8) and provides tobacco advertising, promotion and sponsorship restrictions (§11). Smoking is restricted in some places in the conditions set out in §12 to §13c. The law also provides penalties (§14). The Audiovisual media services Act prohibits any form of audiovisual commercial communication for cigarettes or other tobacco products (product placement is being included in the definition of audiovisual commercial communication).

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Advertising Yes Definitions Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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"Advertisement" means any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product.
Promotion Yes Definitions Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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Promotion is part of the definition of "Advertising" referring to "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product".
Sponsorship Yes Definitions Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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"Sponsorship" means any form of public or private contribution to any event or activity or any form of support individuals with the aim or direct or indirect effect to promote a tobacco product.
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National TV and Radio Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of advertising includes "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product". This is interpreted as covering advertising on national TV and radio.
International TV and radio Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law does not explicitly address cross-border advertising. However, given that advertising is banned on TV and radio, it is interpreted that both domestic and international levels are covered by the ban.
Local Magazines and Newspapers Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of advertising includes "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product". This is interpreted as covering advertising in local magazines and newspapers.
International Magazines and newspapers Prohibited Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The provision of the law providing an exception to the advertising ban for newspapers and other publications printed and published in third countries (§11.4) (provided that these publications were not principally intended for the Community Market of the European Union) was valid until December 2006 (§17.4). It is therefore interpreted that, although the law does not explicitly address cross-border advertising, the advertising ban covers since December 2006 all magazines and newspapers whether domestic or international.
Publications intended exclusively for professionals in the tobacco trade Permitted Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law specifically states that the general ban on advertising and sponsorship of tobacco products does not apply to communications intended exclusively for professionals in the tobacco trade.
Billboards and other forms of Outdoor Advertising and Promotion Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of advertising includes "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product". This is interpreted as covering advertising on billboards and other forms of outdoor advertising.
Points of Sale Permitted Advertising and sponsorship and Transitional and Final Provisions Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act); Tabakmonopolgesetz, BGBl. Nr. 830/1995

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§11.4.4 of the Tobacco Law and §39.1 of the Tabakmonopolgesety explicitly allow advertising at point of sale.
Internet Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of advertising includes "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product". This is interpreted as covering advertising on the Internet.
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Promotional Discounts Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of advertising includes "any form of commercial communication with the target or the direct or the indirect effect to sale or to promote a tobacco product". This is interpreted as covering promotional discounts.
Brand Stretching (non-tobacco goods and services identified with tobacco-brand names) Restricted Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law provides an exception to the general ban on advertising and sponsorship of tobacco products by permitting that a brand name, trademark or symbol already used prior to the entry into force of the Law be used both for tobacco products and non-tobacco products. This exception to the ban does not apply to brand names, trademarks or symbols used both for tobacco products and non-tobacco products introduced on the market after the entry into force of the Law. The law does not address services associated with tobacco-brand names or logos.
Brand Sharing (brand-names of non-tobacco products used for tobacco products) No Law available NA
Product Placement (appearance of tobacco brands in TV and/or films) Prohibited

Details

The Law prohibits any form of audiovisual commercial communication for cigarettes or other tobacco products, noting that the definition of audiovisual commercial communication specifically includes product placement (§2(2); §33; §38(5) Audiovisual Media Services Act).
Appearance of tobacco products in TV and/or films No Law available NA
National Sponsored Events Prohibited Definitions and Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

Details

The Law provides a general ban on advertising and sponsorship of tobacco products. The definition of sponsorship includes "any form of public or private contribution to any event or activity or any form of support individuals with the aim or direct or indirect effect to promote a tobacco product". This is interpreted as including national sponsored events.
International Sponsored Events No Law available NA
Display and visibility of tobacco products at Points of Sale No Law available NA
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Vending Machines Not addressed in the Law

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The Tobacco Act does not regulate vending machines.
Internet Sales (or mail order) No Law available NA
Free Distribution No Law available NA
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Ban on false, misleading and deceptive forms of advertising No Law available NA
Display of health warning Yes Advertising and sponsorship Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law requires that permitted forms of tobacco advertising and sponsorship include health warnings about the harm of tobacco products.
Disclosure of expenditures (disclosure by the tobacco industry of any advertising, promotion and sponsorship in which it engages) No Law available NA
Restriction on the use of direct or indirect incentive No Law available NA
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Fine Yes Advertising and sponsorship and Penalties Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The Law states that a fine is imposed upon the person failing to comply with the provisions regarding tobacco advertising and sponsorship set out in §11.
Jail No Law available NA
Other No Law available NA
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Smoking No

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The law does not provide a definition for smoking.
Workplace No

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The law does not provide a definition for workplace.
Public place Yes Definitions Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The translation of this law is not available. Please refer to the original version of the law.
Enclosed No

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The law does not provide a definition for enclosed.
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Healthcare facilities Restricted Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in public places except in designated smoking rooms.
Educational facilities (except universities) Prohibited Prohibition to smoke in rooms for teaching and training purposes, as well as for sport activities and Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law completely prohibits smoking in schools (designated smoking rooms are not allowed).
Universities Restricted Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in public places except in designated smoking rooms.
Government facilities Restricted Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in public places except in designated smoking rooms.
Indoor offices and private workplaces Permitted Prohibition to smoke in rooms for teaching and training purposes, as well as for sport activities and Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law only regulates smoking in public places and some specified places (schools, sports facilities, shops and catering places) but does not specifically address indoor offices.
Catering facilities (restaurants) Restricted Prohibition to smoke in catering places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in places where food and drinks are served but allows designated smoking rooms provided that their size does not exceed half of the surface where food and drinks are served. In small catering facilities (under 50 sq. m) smoking is permitted.
Drinking facilities (cafes, pubs and bars) Restricted Prohibition to smoke in catering places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in places where food and drinks are served but allows designated smoking rooms provided that their size does not exceed half of the surface where food and drinks are served. In small catering facilities (under 50 sq. m) smoking is permitted.
Public transport Restricted Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in public places (the definition of which includes public transport) except in designated smoking rooms.
All other indoor public places Restricted Prohibition to smoke in public places Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law prohibits smoking in public places except in designated smoking rooms.
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Fines on establishment Yes Obligations concerning the protection Non smoking and Penalties Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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Under §13 the owner has the duty to ensure compliance with the smoking restrictions set out in the law. The violation of this duty is punished by fines (§14(4)).
Fines on smoker/patron Yes Penalties Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law states that the person smoking in a place covered by the ban is punished by a fine.
Obligation to display signs Yes Signs Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The law requires the display of no-smoking signs or symbols in the places covered by the smoking ban.
Dedicated funds for enforcement Not addressed in the Law

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The law does not refer to dedicated funds for the enforcement of the smoking bans.
Citizens complaints and investigation Yes Signs Federal Act on the manufacture and marketing of Tobacco products and advertising of tobacco products and the Non smoking protection (Tobacco Act)

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The country has indicated that a system for citizens complaints is available.