Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 65

Entering into an e - cigarette sponsorship

  (1)   A person (the first person ) contravenes this subsection if:

  (a)   the first person engages in any of the following conduct:

  (i)   making a contribution of any kind to another person;

  (ii)   entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

  (iii)   making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

  (b)   the conduct constitutes an e - cigarette sponsorship; and

  (c)   any of the following apply:

  (i)   the first person is a constitutional corporation;

  (ii)   the first person is a body corporate that is incorporated in a Territory;

  (iii)   the conduct takes place in the course of constitutional trade or commerce;

  (iv)   the conduct takes place in a Territory.

Engaging in conduct intended etc. to be an e - cigarette sponsorship

  (2)   A person (the first person ) contravenes this subsection if:

  (a)   the first person engages in any of the following conduct:

  (i)   making a contribution of any kind to another person;

  (ii)   entering into an arrangement, agreement or understanding with another person to make a contribution of any kind to any person;

  (iii)   making a promise or giving an undertaking to another person to make a contribution of any kind to any person; and

  (b)   the conduct does not constitute an e - cigarette sponsorship, but:

  (i)   the first person intends the conduct to be an e - cigarette sponsorship; or

  (ii)   the first person is reckless as to whether the contribution is an e - cigarette sponsorship; and

  (c)   any of the following apply:

  (i)   the first person is a constitutional corporation;

  (ii)   the first person is a body corporate that is incorporated in a Territory;

  (iii)   the conduct takes place in the course of constitutional trade or commerce;

  (iv)   the conduct takes place in a Territory.

Note:   The physical elements of offences against subsections   (4) and (7) are set out in subsections   (1) and (2) (see section   165).

  (3)   For the purposes of subsections   (1) and (2), it does not matter if the arrangement, agreement, understanding, promise or undertaking:

  (a)   is in writing; or

  (b)   is express or implied; or

  (c)   is legally binding; or

  (d)   is publicly acknowledged.

Fault - based offence

  (4)   A person commits an offence if the person contravenes subsection   (1) or (2).

Penalty:

  (a)   for an individual--2,000 penalty units; and

  (b)   for a body corporate--20,000 penalty units.

  (5)   For the purposes of subsection   (4):

  (a)   recklessness is the fault element for paragraph   (1)(b); and

  (b)   strict liability applies to paragraphs   (1)(c) and (2)(c).

Geographical application

  (6)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (4).

Strict liability offence

  (7)   A person commits an offence of strict liability if the person contravenes subsection   (1) or (2).

Penalty:

  (a)   for an individual--60 penalty units; and

  (b)   for a body corporate--600 penalty units.

Civil penalty provision

  (8)   A person is liable to a civil penalty if the person contravenes subsection   (1) or (2).

Civil penalty:

  (a)   for an individual--2,000 penalty units; and

  (b)   for a body corporate--20,000 penalty units.