20Prohibition of sponsorships

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.