Tobacco and Other Smoking Products Act 1927

A person commits an offence if—

the person promotes or agrees to promote, under a contract, agreement, undertaking or understanding, whether or not legally binding—

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

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

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

the person does so in exchange for a sponsorship, gift, prize, scholarship or similar benefit given or agreed to be given by someone else.

Maximum penalty: 50 penalty units.

A person commits an offence if—

the person gives or agrees to give, under a contract, agreement, undertaking or understanding, whether or not legally binding, a sponsorship, gift, prize, scholarship or similar benefit; and

the person does so in exchange for the promotion of, or an agreement to promote, a thing mentioned in subsection (1) (a).

Maximum penalty: 50 penalty units.

This section does not apply in relation to a scholarship given, or agreed to be given, by a manufacturer or distributor of a smoking product to an employee, or a family member of an employee, of the manufacturer or distributor.

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

In this section:

family member, of a person, means—

the person’s domestic partner; or

a parent, step-parent or grandparent of the person; or

a child, stepchild or grandchild of the person; or

a brother, sister, stepbrother or stepsister of the person.

Part 6 Enforcement

Division 6.1 Preliminary