Public Health (Tobacco) (Amendment) Act 2013

Amendment of section 38 of Public Health (Tobacco) Act 2002.

1.— Section 38 (as amended by section 1 of the Public Health (Tobacco) (Amendment) Act 2011 ) of the Public Health (Tobacco) Act 2002 is amended by the substitution of the following subsections for subsections (10) and (11):

“(10) The Minister may make regulations in relation to the control and regulation of activities which are intended or are likely to promote the sale of tobacco products.

(10A) Without prejudice to the generality of subsection (10), regulations under subsection (10) may make provision for all or any of the following:

(a) the prohibition of the sale (by whatever means) of any tobacco product at a reduced price to a person on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(b) the prohibition of the making available (by whatever means) of any tobacco product to a person free of charge on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(c) the prohibition of the promotion (by whatever means) of any tobacco product to a person at a reduced price or free of charge on the purchase by that person of any other—

(i) tobacco product, or

(ii) product or service;

(d) the prohibition of the—

(i) sale (by whatever means),

(ii) making available (by whatever means), or

(iii) promotion (by whatever means),

of any tobacco product to a person at a reduced price or free of charge for a limited period of time on any day.

(11) A person who contravenes a provision of regulations made under subsection (10) shall be guilty of an offence.”.