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Tobacco and Other Smoking Products Act 1998
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Turn the raw legal text into a practical explanation grounded in Tobacco and Other Smoking Products Act 1998.
A person must not supply an object or entitlement if the supply is in direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally. Maximum penalty—140 penalty units. In a prosecution for an offence against subsection (1) , to establish whether an object or entitlement is supplied in direct or indirect association with a matter— it is enough to prove— that material published by the defendant relating to the object or entitlement would be likely to cause a reasonable person to believe the supply to be in that association, or intended to be in that association; or that there are other reasonable grounds for believing the supply to be in that association, or intended to be in that association; and the supply may be found to be in that association irrespective of the actual belief of the defendant. It is a defence to a charge under subsection (1) for the defendant to prove that the person receiving the object or entitlement would have received the same object or entitlement if the person had bought goods of whatever kind other than a smoking product to the same value as the smoking product. However, subsection (3) does not apply if the object or entitlement would have been received by the person only if the person had bought the goods from the defendant or from a supplier nominated by the defendant. s 105 ins 2001 No. 20 s 26 amd 2004 No. 47 s 28 ; 2023 No. 16 s 3 sch 1 (sec.105-ssec.1) A person must not supply an object or entitlement if the supply is in direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally. Maximum penalty—140 penalty units. (sec.105-ssec.2) In a prosecution for an offence against subsection (1) , to establish whether an object or entitlement is supplied in direct or indirect association with a matter— it is enough to prove— that material published by the defendant relating to the object or entitlement would be likely to cause a reasonable person to believe the supply to be in that association, or intended to be in that association; or that there are other reasonable grounds for believing the supply to be in that association, or intended to be in that association; and the supply may be found to be in that association irrespective of the actual belief of the defendant. (sec.105-ssec.3) It is a defence to a charge under subsection (1) for the defendant to prove that the person receiving the object or entitlement would have received the same object or entitlement if the person had bought goods of whatever kind other than a smoking product to the same value as the smoking product. (sec.105-ssec.4) However, subsection (3) does not apply if the object or entitlement would have been received by the person only if the person had bought the goods from the defendant or from a supplier nominated by the defendant.