Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 33

33 .         Prizes etc. connected with sale of tobacco product prohibited

        (1)         A person must not, in connection with the sale of a tobacco product or for the purpose of promoting a tobacco product or smoking generally, supply to any person (whether or not the purchaser) —

            (a)         a prize, gift or other benefit; or

            (b)         a stamp, coupon, token, voucher, ticket or other thing by virtue of which the purchaser or any other person may become entitled to, or may qualify for, a prize, gift or other benefit.

        Penalty: see section 115.

        (2)         Subsection (1) applies —

            (a)         whether or not consideration is given or required for the prize, gift or benefit; and

            (b)         whether or not the prize, gift or other benefit has monetary value; and

            (c)         whether or not the entitlement or qualification is absolute or conditional.

        (3)         If a person is charged with an offence under subsection (1) it is a defence to prove —

            (a)         that the prize, gift or benefit supplied was only incidentally connected with the purchase of a tobacco product; and

            (b)         that equal opportunity to receive that prize, gift or benefit was afforded generally to persons who purchased products, whether or not they were tobacco products.

        (4)         In the case of a sale of tobacco products to the holder of a licence, subsection (1) does not apply to a discount provided in connection with that sale as long as the discount is based on, and only on, the quantity of tobacco products the subject of that sale.