Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 26P

26P Conduct of competition in association with smoking product sale or consumption

(1) A person must not conduct a competition that has a 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 a competition has a direct or indirect association with 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 to have that association, or to be intended to have that association; or

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

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