TOBACCO AND OTHER SMOKING PRODUCTS ACT 1927 - SECT 18 Food and toys resembling or promoting smoking products
TOBACCO AND OTHER SMOKING PRODUCTS ACT 1927 - SECT 18
Food and toys resembling or promoting smoking products(1) A person commits an offence if the person—
(a) sells or imports food or a toy; and
(b) the food or toy, or its package or packaging, resembles—
(i) a smoking product; or
(ii) a smoking product package.
Maximum penalty: 50 penalty units.
(2) For subsection (1), food or a toy resembles a smoking product or a smoking product package if a reasonable person would believe that the resemblance exists, or is likely to exist.
(3) A person commits an offence if the person—
(a) sells or imports food or a toy; and
(b) the food or toy, or its package or packaging, publicises or otherwise 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.
(4) For subsection (3), food or a toy, or its package or packaging, publicises or otherwise promotes a thing mentioned in subsection (3) (b) if a reasonable person would believe that the food, toy, package or packaging publicises or promotes, or is likely to publicise or promote, the thing.