Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26N

Smoking product giveaways

26N Smoking product giveaways

(1) A person must not supply a smoking product for free if the supply promotes the sale of a smoking product.
Penalty—
Maximum penalty—140 penalty units.
(2) In a prosecution for an offence against subsection (1) , to establish whether the supply of a smoking product for free promotes the sale of a smoking product—
(a) it is enough to prove—
(i) that material published by the defendant relating to the supply would be likely to cause a reasonable person to believe the supply promoted, or was intended to promote, the sale; or
(ii) that there are other reasonable grounds for believing the supply promoted, or was intended to promote, the sale; and
(b) the sale may be found to be promoted by the supply irrespective of the actual belief of the defendant.



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