Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26O

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.