New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 17

17 Tobacco products promotions involving prizes or gifts

(1) 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 (whether from inside or outside New South Wales) to a person in New South Wales--

(a) a prize, gift or other benefit, or

(b) a stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for, a prize, gift or other benefit (whether that entitlement or qualification is absolute or conditional).

(2) Subsection (1) applies whether or not the person supplied with the benefit or thing concerned is a purchaser of a tobacco product.

(3) Subsection (1) does not apply to the supply of a benefit or thing to a person who is, or is the employee of--

(a) a manufacturer or distributor of tobacco products, or

(b) a retailer of tobacco products, unless it is established that the benefit or thing was supplied for resupply to persons who purchase tobacco products from the retailer.

(4) A benefit or thing supplied to a tobacco retailer, or an employee of a tobacco retailer, that is actually resupplied to a purchaser of tobacco products from the retailer (or any employee of the retailer) is taken, for the purposes of subsection (3) (b), to have been so supplied for resupply to such a purchaser.

(5) 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, conduct (whether from inside or outside New South Wales) a scheme--

(a) declared by the regulations to be a scheme to promote the sale of a tobacco product or to promote smoking generally, and

(b) the whole or any part of which is implemented in New South Wales.

(6) It is a defence in proceedings for an offence under this section to prove that the benefit or thing supplied was only incidentally connected with the purchase of a tobacco product and that equal opportunity to receive that benefit or thing and to buy products other than tobacco products was afforded generally to persons who purchased products, whether or not they were tobacco products.

(7) It is no defence in any such proceedings to prove that the benefit or thing concerned was of negligible or no value.

: Maximum penalty--

(a) in the case of an individual, 500 penalty units for a first offence or 1,000 penalty units for a second or subsequent offence, or

(b) in the case of a corporation, 6,000 penalty units for a first offence or 10,000 penalty units for a second or subsequent offence.

Note : Continuing offences against subsection (1) are dealt with in section 52.