Tobacco and Other Smoking Products Act 1927

A person commits an offence if—

the person sells or distributes an object or entitlement; and

the object or entitlement promotes 1 or more of the following things:

a smoking product, or the purchase or use of a smoking product;

a trademark or brand name, or part of a trademark or brand name, of a smoking product;

the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.

Maximum penalty: 50 penalty units.

For subsection (1), an object or entitlement sold or distributed by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the object or entitlement promotes, or is likely to promote, the thing.

In applying this section in relation to an object that is a sound recording, a video recording or a computer storage device, a reference to the promotion of a thing is a reference to the promotion of the thing by aural or visible material that the object is reasonably capable of producing, or of causing to be produced, in its normal use.

In this section:

entitlement means an entitlement to goods or services, or to a reduced price for goods or services.

object does not include a smoking product.