New South Wales Consolidated Acts
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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 17
Tobacco products promotions involving prizes or gifts
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--
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--
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
(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--
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.
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