Div 5Offences relating to promotion of tobacco products and e‑cigarette products

Division 5—Offences relating to promotion of tobacco products and e‑cigarette products 40—Certain advertising prohibited (1) A person must not advertise tobacco products or e‑cigarette products in the course of a business or for any direct or indirect pecuniary benefit. (2) A person must not— (a) distribute to the public any unsolicited leaflet, handbill, or other document that constitutes a tobacco advertisement or e‑cigarette advertisement; or (b) sell any object that constitutes or contains a tobacco advertisement or e‑cigarette advertisement. (3) This section does not apply in relation to— (a) the display, in accordance with the regulations, of signs outside premises where tobacco products are sold; or (b) the provision of assistance to customers or potential customers by sales assistants in premises where tobacco products or e‑cigarette products are sold; or (c) action of a kind prescribed by regulation; or (e) an invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business. 41—Prohibition of certain sponsorships (1) A person must not promote or publicise, or agree to promote or publicise— (a) a tobacco product or e‑cigarette product or a trademark or brand name, or part of a trademark or brand name, of a tobacco product or e‑cigarette product; or (b) the name or interests of a manufacturer or distributor of a tobacco product or e‑cigarette product in association directly or indirectly with that product, under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person. (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). 42—Competitions and reward schemes etc (1) A person must not, in connection with the sale of a tobacco product or e‑cigarette product, or for the purpose of promoting the sale of a tobacco product or e‑cigarette product— (a) provide or offer to provide— (i) a prize, gift or other benefit; or (ii) a stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or (iii) a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or (b) conduct a scheme declared by regulation to be a scheme to promote the sale of a tobacco product or e‑cigarette product or to promote smoking generally. (2) It is a defence to a charge of an offence against subsection (1)(a) to prove that it was not practicable for the person to identify the particular item or items purchased that gave rise to the supply of the benefit or thing. 43—Free samples A person must not, for the purpose of inducing or promoting the sale of a tobacco product or e‑cigarette product, offer or give to a member of the public a free sample of such a product. 45—Business promotions to attract smokers (1) A person must not display signs, or engage in a practice of any kind, designed to promote a business as welcoming or permitting smoking on its premises. (2) This section does not apply in relation to the display of a sign, in accordance with the requirements of the regulations, that indicates an area where smoking is not prohibited.