sec.106Smoking product giveaways

sec.106 Smoking product giveaways

A person must not supply a smoking product for free or a nominal fee if the supply promotes the sale of a smoking product. Maximum penalty—140 penalty units. In a prosecution for an offence against subsection (1) , to establish whether the supply of a smoking product for free or a nominal fee promotes the sale of a smoking product— it is enough to prove— that material published by the defendant relating to the supply would be likely to cause a reasonable person to believe the supply promoted, or was intended to promote, the sale; or that there are other reasonable grounds for believing the supply promoted, or was intended to promote, the sale; and the sale may be found to be promoted by the supply irrespective of the actual belief of the defendant. In this section— nominal fee , for a smoking product, means an amount for the product that— does not cover the cost of making and supplying the product; or is significantly less than a recommended retail value for the product. s 106 ins 2001 No. 20 s 26 amd 2004 No. 47 s 29 ; 2023 No. 16 s 24 (sec.106-ssec.1) A person must not supply a smoking product for free or a nominal fee if the supply promotes the sale of a smoking product. Maximum penalty—140 penalty units. (sec.106-ssec.2) In a prosecution for an offence against subsection (1) , to establish whether the supply of a smoking product for free or a nominal fee promotes the sale of a smoking product— it is enough to prove— that material published by the defendant relating to the supply would be likely to cause a reasonable person to believe the supply promoted, or was intended to promote, the sale; or that there are other reasonable grounds for believing the supply promoted, or was intended to promote, the sale; and the sale may be found to be promoted by the supply irrespective of the actual belief of the defendant. (sec.106-ssec.3) In this section— nominal fee , for a smoking product, means an amount for the product that— does not cover the cost of making and supplying the product; or is significantly less than a recommended retail value for the product.

• (a) it is enough to prove— (i) that material published by the defendant relating to the supply would be likely to cause a reasonable person to believe the supply promoted, or was intended to promote, the sale; or (ii) that there are other reasonable grounds for believing the supply promoted, or was intended to promote, the sale; and
• (i) that material published by the defendant relating to the supply would be likely to cause a reasonable person to believe the supply promoted, or was intended to promote, the sale; or
• (ii) that there are other reasonable grounds for believing the supply promoted, or was intended to promote, the sale; and
• (b) the sale may be found to be promoted by the supply irrespective of the actual belief of the defendant.