1 Definitions In this Act, unless the context otherwise indicates'advertisement', in relation to any tobacco product(a) means any commercial communication or action brought to the attention of any member of the public in any manner with the aim, effect or likely effect of(i) promoting the sale or use of any tobacco product, tobacco product brand element or tobacco manufacturer's name in relation to a tobacco product; or (ii) being regarded as a recommendation of a tobacco product; (b) includes product placement; and (c) excludes commercial communication between a tobacco manufacture or importer and its trade partners, business partners, employees and share holders and any communications required by law, and 'advertise' has a corresponding meaning; 'brand element' includes the brand name, trade mark, trade name, distinguishing guise, logo, graphic arrangement, design, slogan, symbol, motto, selling message, print, typeface, recognisable colour or pattern of colours, or any other symbol of product identification, that is likely to be taken as or confused with any brand of tobacco product designed to promote tobacco use; 'Constitution' means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996); 'composition' means the content, arrangement or combination of substances included in the processing and manufacture of a tobacco product; 'constituent', in relation to any tobacco product, means nicotine, tar and any other constituent of a tobacco product or of tobacco smoke which the Minister may by notice in the Gazette declare to be a constituent for the purposes of this Act; 'Director-General' means the Director-General: Health; 'emission' means any substance that is produced when a tobacco product is used; 'employed' or 'employment' means employed or employment as an employee as defined in section 1 of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997); 'importer' means any person who brings, or attempts to bring, a tobacco product into the Republic for the purposes of selling that product, and 'import' has a corresponding meaning; 'ingredient" means any product component, material used to manufacture such component, residual substance from agricultural practices, storage and processing and substances that can migrate from packing into the product;