Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26M

26M Supply of object or entitlement in association with smoking product sale or consumption

(1) A person must not supply an object or entitlement if the supply is in direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally.

Penalty—

Maximum penalty—140 penalty units.

(2) In a prosecution for an offence against subsection (1) , to establish whether an object or entitlement is supplied in direct or indirect association with 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 supply to be in that association, or intended to be in that association; or

(ii) that there are other reasonable grounds for believing the supply to be in that association, or intended to be in that association; and

(b) the supply may be found to be in that association irrespective of the actual belief of the defendant.

(3) It is a defence to a prosecution for an offence against subsection (1) , if the defendant proves that the person receiving the object or entitlement would have received the same object or entitlement if the person had bought goods of whatever kind other than a smoking product to the same value as the smoking product.

(4) However, subsection (3) does not apply if the object or entitlement would have been received by the person only if the person had bought the goods from the defendant or from a supplier nominated by the defendant.