Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 8

Free samples

8. Free samples



(1) A person must not, for the purpose of inducing or promoting-

   (a)  the sale of a tobacco product; or

   (b)  the use or consumption of a tobacco product; or

   (c)  smoking generally-

offer, give or distribute to a member of the public a free sample of a tobacco
product or a product which advertises a tobacco product. Penalty: 60 penalty
units.

(2) Nothing in subsection (1) applies to a gratuitous offer of a tobacco
product to a person without any direct or indirect pecuniary benefit or
inducement to purchase a tobacco product.

(3) 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).

(4) An offence against subsection (3) is an indictable offence.