Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26N

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.