Australian Capital Territory Consolidated Acts

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TOBACCO ACT 1927 - SECT 27

Competitions that promote smoking products etc

    (1)     A person commits an offence if the person—

        (a)     conducts a competition; and

        (b)     the competition promotes 1 or more of the following things:

              (i)     a smoking product, or the purchase or use of a smoking product;

              (ii)     a trademark or brand name, or part of a trademark or brand name, of a smoking product;

              (iii)     the name or interests of a manufacturer or distributor of a smoking product in association, directly or indirectly, with the smoking product.

Maximum penalty: 50 penalty units.

    (2)     For subsection (1), a competition conducted by a person promotes a thing mentioned in subsection (1) (b) if a reasonable person would believe that the competition promotes, or is likely to promote, the thing.

    (3)     A person commits an offence if the person—

        (a)     conducts a competition; and

        (b)     the competition 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)     For subsection (3), a competition conducted by a person has a direct or indirect association with a thing mentioned in subsection (3) (b) if a reasonable person would believe that the competition has, or would have, a direct or indirect association with the thing.



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