Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 7

Competitions

7. Competitions



(1) A person must not, in connection with the sale of a tobacco product or for
the purpose of promoting the sale of a tobacco product-

   (a)  supply to the purchaser or any other person-

   (i)  any non-tobacco product or other benefit (whether or not a separate
        charge is made for that product or benefit); or

   (ii) 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 any non-tobacco product or other benefit (whether the
        entitlement or qualification is absolute or conditional); or

   (iii) any thing which, or a copy or facsimile of which, is a necessary
        prerequisite to participation in, or is likely to confer an advantage
        in, any game, contest or other activity in which a participant may
        become entitled to, or may qualify for, any non-tobacco product or
        other benefit (whether the entitlement or qualification is absolute or
        conditional); or

   (b)  conduct a scheme declared by the Governor in Council by Order
        published in the Government Gazette for the purposes of this section
        to be a scheme to promote the sale of a tobacco product or to promote
        smoking generally.

Penalty: 60 penalty units.

(2) In proceedings for an offence against subsection (1), it is a defence to
prove that the benefit or thing supplied, or participation in the scheme, was
only incidentally connected with the purchase of a tobacco product and that
equal opportunity to receive the benefit or thing, or to participate in the
scheme, was afforded generally to persons who purchased products whether or
not they were tobacco products.

(3) Subsection (1) does not prohibit the sale of non-tobacco products such as
lighters, matches, ashtrays or other items that are necessary for, or
ancillary to, the smoking of tobacco products, unless the consideration for
the sale of those non-tobacco products is less than it would have been had
they not been sold in connection with the sale of tobacco products.

(4) For the avoidance of doubt, subsection (1) applies to a tobacco company
that, or a person carrying on a tobacco wholesaling business who, does
anything referred to in paragraph (a) or (b) of that subsection in connection
with the sale of a tobacco product or for the purposes of promoting the sale
of a tobacco product.

(5) A tobacco company is guilty of an offence against this subsection, and
liable to a penalty not exceeding 5000 penalty units, if the tobacco company
intentionally or recklessly-

   (a)  contravenes subsection (1); or

   (b)  causes another person to contravene subsection (1).

(6) An offence against subsection (5) is an indictable offence.