New South Wales Consolidated Acts

PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 18

18 Shopper loyalty programs

(1) A person must not implement or conduct a shopper loyalty program.

: Maximum penalty--100 penalty units, in the case of an individual and 500 penalty units, in the case of a corporation.

(2) In this section, a
"shopper loyalty program" means any of the following programs--

(a) a program under which a gift or other benefit may be obtained by a purchaser of tobacco products or non-tobacco smoking products on the basis of the amount or type of those products purchased, regardless of whether the program extends to the purchase of other products or goods,

(b) a program under which a purchaser of goods or products may be entitled to a gift of tobacco products or non-tobacco smoking products, regardless of whether the purchaser may choose to accept another type of gift instead.

(3) However, a shopper loyalty program does not include the following--

(a) any program under which a gift or other benefit may be obtained by a purchaser of goods on the basis of the method of payment used, such as the use of a particular credit card,

(b) any program conducted by a manufacturer or distributor of tobacco products or non-tobacco smoking products where the gift or other benefit provided under the program is provided to a retailer of such products for the use of the retailer and is not intended for resupply.