sec.107Competition that promotes smoking product

sec.107 Competition that promotes smoking product

A person must not conduct a competition that promotes— a smoking product; or a trademark or brand name, or part of a trademark or brand name, of a smoking product; or the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product. Maximum penalty—140 penalty units. In a prosecution for an offence against subsection (1) , to establish whether a competition promotes a matter— it is enough to prove— that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition promoted, or was intended to promote, the matter; or that there are other reasonable grounds for believing the competition promoted, or was intended to promote, the matter; and the matter may be found to be promoted by the competition irrespective of the actual belief of the defendant. s 107 ins 2001 No. 20 s 26 amd 2004 No. 47 s 30 (sec.107-ssec.1) A person must not conduct a competition that promotes— a smoking product; or a trademark or brand name, or part of a trademark or brand name, of a smoking product; or the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product. Maximum penalty—140 penalty units. (sec.107-ssec.2) In a prosecution for an offence against subsection (1) , to establish whether a competition promotes a matter— it is enough to prove— that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition promoted, or was intended to promote, the matter; or that there are other reasonable grounds for believing the competition promoted, or was intended to promote, the matter; and the matter may be found to be promoted by the competition irrespective of the actual belief of the defendant.

• (a) a smoking product; or
• (b) a trademark or brand name, or part of a trademark or brand name, of a smoking product; or
• (c) the name or interests of a manufacturer or distributor of a smoking product in association, whether directly or indirectly, with the smoking product.
• (a) it is enough to prove— (i) that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition promoted, or was intended to promote, the matter; or (ii) that there are other reasonable grounds for believing the competition promoted, or was intended to promote, the matter; and
• (i) that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition promoted, or was intended to promote, the matter; or
• (ii) that there are other reasonable grounds for believing the competition promoted, or was intended to promote, the matter; and