Australian Capital Territory Numbered Acts

TOBACCO AMENDMENT ACT 2008 (NO. 50 OF 2008) - SECT 14

substitute

28     Prohibition of sponsorships

    (1)     A person commits an offence if—

        (a)     the person promotes or agrees to promote, under a contract, agreement, undertaking or understanding, whether or not legally binding—

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

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

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

        (b)     the person does so in exchange for a sponsorship, gift, prize, scholarship or similar benefit given or agreed to be given by someone else.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if—

        (a)     the person gives or agrees to give, under a contract, agreement, undertaking or understanding, whether or not legally binding, a sponsorship, gift, prize, scholarship or similar benefit; and

        (b)     the person does so in exchange for the promotion of, or an agreement to promote, a thing mentioned in subsection (1) (a).

Maximum penalty: 50 penalty units.

    (3)     This section does not apply in relation to a scholarship given, or agreed to be given, by a manufacturer or distributor of a smoking product to an employee, or a family member of an employee, of the manufacturer or distributor.

    (4)     In this section:

"family member", of a person, means—

        (a)     the person's domestic partner; or

        (b)     a parent, step-parent or grandparent of the person; or

        (c)     a child, stepchild or grandchild of the person; or

        (d)     a brother, sister, stepbrother or stepsister of the person.