Competitions, rewards and shopper loyalty schemes
7 Competitions, rewards and shopper loyalty schemes
S. 7(1) amended by Nos 45/2005 s. 12(1), 49/2009 s. 22, 55/2016 s. 9(8)(a), 51/2024 s. 53(1)(a).
A person must not, in connection with the sale of a tobacco product or for the purpose of promoting the sale of a tobacco product—
supply to the purchaser or any other person—
S. 7(1)(a)(i) substituted by No. 28/2001 s. 8(1)(a), amended by Nos 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).
any non‑tobacco product or other benefit (whether or not a separate charge is made for that product or benefit); or
S. 7(1)(a)(ii) amended by Nos 28/2001 s. 8(1)(b), 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).
a stamp, coupon, token, voucher, ticket or other thing by virtue of which the purchaser or any other person may become entitled to, or may qualify for any non‑tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or
S. 7(1)(a)(iii) amended by Nos 28/2001 s. 8(1)(c), 55/2016 s. 9(8)(b), 51/2024 s. 53(1)(b).
any thing which, or a copy or facsimile of which, is a necessary prerequisite to participation in, or is likely to confer an advantage in, any game, contest or other activity in which a participant may become entitled to, or may qualify for, any non‑tobacco product or other benefit (whether the entitlement or qualification is absolute or conditional); or
S. 7(1)(b) amended by Nos 55/2016 s. 9(8)(a), 51/2024 s. 53(1)(c).
conduct a scheme declared by the Governor in Council by Order published in the Government Gazette for the purposes of this section to be a scheme to promote the sale of a tobacco product or to promote smoking generally.
- In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
S. 7(2) substituted by No. 86/2012 s. 3(2), amended by Nos 55/2016 s. 9(8)(c), 51/2024 s. 53(1)(c).
In proceedings for an offence against subsection (1), it is a defence to prove that it was not practicable for the person to identify the purchased item that gave rise to the supply of the benefit or thing or participation in the scheme as a tobacco product.
S. 7(3) inserted by No. 28/2001 s. 8(2), amended by Nos 55/2016 s. 9(8)(d)(e), 51/2024 s. 53(1)(d).
Subsection (1) does not prohibit the sale of non‑tobacco products such as lighters, matches, ashtrays or other items that are necessary for, or ancillary to, the smoking of tobacco products, unless the consideration for the sale of those non-tobacco products is less than it would have been had they not been sold in connection with the sale of tobacco products.
S. 7(4) inserted by No. 45/2005 s. 12(2), substituted by Nos 55/2016 s. 9(9), 51/2024 s. 53(2).
To avoid doubt, subsection (1) applies to a tobacco company that, or a person carrying on a tobacco wholesaling business who, does anything referred to in paragraph (a) or (b) of that subsection in connection with the sale of a tobacco product or for the purposes of promoting the sale of a tobacco product.
S. 7(5) inserted by No. 45/2005 s. 12(2), amended by Nos 55/2016 s. 9(10)(a)(b), 51/2024 s. 53(3).
A tobacco company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—
contravenes subsection (1); or
causes another person to contravene subsection (1).
S. 7(6) inserted by No. 45/2005 s. 12(2).
An offence against subsection (5) is an indictable offence.
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