Prohibition of smoking product sales contributing to customer reward scheme
25A Prohibition of smoking product sales contributing to customer reward scheme
A person commits an offence, if in direct or indirect association with the sale of a smoking product, the person provides, or offers to provide, any of the following benefits:
a prize, gift or discount;
a voucher, ticket or other thing that allows a person access to a prize, gift or discount;
points or credit in a customer reward scheme that allows a person to qualify for a thing mentioned in paragraph (a) or (b) by accumulating a number of points, or credit, in association with purchases.
Maximum penalty: 50 penalty units.
Example—par (b) discount petrol vouchers offered by a supermarket chain
Example—par (c) a shopping rewards program offered by a group of participating businesses, members of which accumulate points by making purchases at those businesses, and redeem the points for rewards
It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that it was not reasonably practicable to identify that the sale of the smoking product was associated with the provision of, or offer to provide, the benefit.
Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).
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