Western Australian Current Acts

TOBACCO PRODUCTS CONTROL ACT 2006 - SECT 35

35 .         Sponsorships in connection with promoting tobacco products etc. prohibited

        (1)         In this section —

        sponsorship includes any of the following —

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

            (b)         a financial arrangement (other than bona fide contract of service or contract for services) for the direct promotion or publicising of one or more of the things mentioned in subsection (2)(a) or (b) through the medium of sporting, arts, youth, educational or other like activities.

        (2)         A person must not promote, or agree to promote —

            (a)         a tobacco product or smoking generally; or

            (b)         the name or interests of a licence holder or a tobacco company in association directly or indirectly with a tobacco product,

                under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person.

        (3)         A person must not provide, or agree to provide, a sponsorship under a contract or arrangement of a kind referred to in subsection (2).

        Penalty applicable to subsections (2) and (3): see section 115.

        (4)         In proceedings for an offence under subsection (2)(b), it is to be presumed, unless the contrary is proved, that the name or interests of a licence holder or a tobacco company is in association directly or indirectly with the tobacco product if that name or those interests are commonly associated by members of the public with the tobacco product.