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PUBLIC HEALTH (TOBACCO) ACT 2008 - SECT 20
Prohibition of sponsorships
20 Prohibition of sponsorships
(1) A person must not promote or publicise, or agree to promote or publicise,
in New South Wales any of the following under a contract, or an arrangement
(whether or not legally binding), under which a sponsorship is provided, or to
be provided, by another person- (a) a tobacco product or a trademark or
brand name of a tobacco product,
(b) the name or interests of a manufacturer
or distributor of a tobacco product (whether or not that manufacturer or
distributor also manufactures or distributes a product other than the
tobacco product) in association directly or indirectly with the
tobacco product.
(2) A person must not provide, or agree to provide, a
sponsorship under a contract or arrangement of a kind referred to in
subsection (1).
(3) For the purposes of subsection (1) (b), the name or
interests of a manufacturer or distributor of a tobacco product are taken to
be in association directly or indirectly with the tobacco product if that name
or those interests are commonly associated by members of the public in New
South Wales with the tobacco product.
(4) In this section,
"sponsorship" includes- (a) any scholarship, prize, gift or other benefit, and
(b) any financial arrangement (other than a genuine contract of employment or
a genuine contract for services) for the direction, promotion or publicity of
one or more of the matters referred to in subsection (1) (a) and (b) through
the medium of sporting, arts, youth, educational or other like activities.
:
Maximum penalty- (a) in the case of an individual, 500 penalty units for a
first offence or 1,000 penalty units for a second or subsequent offence, or
(b) in the case of a corporation, 6,000 penalty units for a first offence or
10,000 penalty units for a second or subsequent offence.
Note : Continuing
offences against this section are dealt with in section 52.
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