Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts[ Note: This provision was uncommenced at republication date. ]
(1) A person shall 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.
Maximum penalty: 50 penalty units.
(2) In a prosecution for an offence against subsection (1), for the purpose of establishing whether competition promotes a matter mentioned in that subsection—
(a) it is sufficient to prove—
(i) that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the competition would be likely to cause a reasonable person to believe the matter to be promoted, or intended to be promoted, by the competition; or
(ii) that there are other reasonable grounds for believing the matter to be promoted, or intended to be promoted, by the competition; and
(b) the matter may be found to be promoted by the competition irrespective of the actual belief of the defendant.
(3) A person shall 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.
Maximum penalty: 50 penalty units.
(4) In a prosecution for an offence against subsection (3), for the purpose of establishing whether a competition has a direct or indirect association with a matter mentioned—
(a) it is sufficient to prove—
(i) that any material published (or caused, permitted or authorised to be published) by the defendant in relation to the competition would be likely to cause a reasonable person to believe the competition to have such an association, or to be intended to have such an association; or
(ii) that there are other reasonable grounds for believing the competition to have such an association, or to be intended to have such an association; and
(b) the competition may be found to have such an association irrespective of the actual belief of the defendant.