sec.108Conduct of competition in association with smoking product sale or consumption

sec.108 Conduct of competition in association with smoking product sale or consumption

A person must not conduct a competition that has a 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 a competition has a direct or indirect association with 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 to have that association, or to be intended to have that association; or that there are other reasonable grounds for believing the competition to have that association, or to be intended to have that association; and the competition may be found to have that association irrespective of the actual belief of the defendant. s 108 ins 2001 No. 20 s 26 amd 2004 No. 47 s 31 (sec.108-ssec.1) A person must not conduct a competition that has a direct or indirect association with the sale or consumption of a smoking product, or of smoking products generally. Maximum penalty—140 penalty units. (sec.108-ssec.2) In a prosecution for an offence against subsection (1) , to establish whether a competition has a direct or indirect association with 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 to have that association, or to be intended to have that association; or that there are other reasonable grounds for believing the competition to have that association, or to be intended to have that association; and the competition may be found to have that association irrespective of the actual belief of the defendant.

• (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 to have that association, or to be intended to have that association; or (ii) that there are other reasonable grounds for believing the competition to have that association, or to be intended to have that association; and
• (i) that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition to have that association, or to be intended to have that association; or
• (ii) that there are other reasonable grounds for believing the competition to have that association, or to be intended to have that association; and
• (b) the competition may be found to have that association irrespective of the actual belief of the defendant.
• (i) that material published by the defendant relating to the competition would be likely to cause a reasonable person to believe the competition to have that association, or to be intended to have that association; or