Queensland Consolidated Acts

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TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26O

Competition that promotes smoking product

26O Competition that promotes smoking product

(1) A person must not conduct a competition 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 a competition promotes a matter—
(a) it is enough to prove—
(i) that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition promoted, or was intended to promote, the matter; or
(ii) that there are other reasonable grounds for believing the competition promoted, or was intended to promote, the matter; and
(b) the matter may be found to be promoted by the competition irrespective of the actual belief of the defendant.



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