Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26L

Supply of object or entitlement that promotes smoking product etc.

26L Supply of object or entitlement that promotes smoking product etc.

(1) A person must not supply an object or entitlement that promotes
(a) a smoking product; or
(b) a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
(c) the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
Penalty—
Maximum penalty—140 penalty units.
(2) In a prosecution for an offence against subsection (1) , to establish whether an object or entitlement promotes a matter—
(a) it is enough to prove—
(i) that material published by the defendant relating to the object or entitlement would be likely to cause a reasonable person to believe the object or entitlement promoted, or was intended to promote, the matter; or
(ii) that there are other reasonable grounds for believing the object or entitlement promoted, or was intended to promote, the matter; and
(b) the matter may be found to be promoted by the object or entitlement irrespective of the actual belief of the defendant.
(3) Subsection (1) does not apply to an object if—
(a) the primary purpose of the object is not to promote a thing mentioned in subsection (1) ; and
(b) the object was—
(i) lawfully available for supply in Queensland on or after 31 May 2002 and before 31 December 2005; or
(ii) substantially the same, and made by the same person, as an object under subparagraph (i) .
(4) In this section—

"promotes" , in relation to the promotion of a matter by an object that is a sound recording, video recording or a computer storage device, includes the promotion of the matter by aural or visible material that the object is reasonably capable of producing, or causing to be produced, in its normal use.



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