Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 9

Prohibition of certain sponsorships

9. Prohibition of certain sponsorships



(1) A person must not, under a contract, agreement, undertaking or
understanding, whether or not legally binding, with another person-

   (a)  promote-

   (i)  a tobacco product; or

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

   (b)  promote the name or interests of a manufacturer or distributor of a
        tobacco product in association, whether directly or indirectly, with
        that tobacco product-

in exchange for a sponsorship, gift, prize, scholarship or like benefit given
or agreed to be given by another person. Penalty: 60 penalty units.

(2) A person must not, under a contract, agreement, undertaking or
understanding, whether or not legally binding, with another person give or
agree to give any sponsorship, gift, prize, scholarship or like benefit in
exchange for the promotion of, or an agreement to promote, a tobacco product
or a name, interest, trademark or brand name referred to in subsection (1).

Penalty: 60 penalty units.

(3) Nothing in subsection (1) or (2) applies to the giving of, or an agreement
to give, a scholarship by a manufacturer or distributor of a tobacco product
to an employee or a member of the family of an employee, of the manufacturer
or distributor.

(4) Nothing in this section applies to the annual festival known as the
Myrtleford Tobacco, Hops and Timber Festival.

(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 (2); or

   (b)  causes another person to contravene subsection (1) or (2).

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