29Sponsoring activity involving use of trade mark, etc, of regulated product

1. A manufacturer, importer, distributor, or retailer of regulated products must not sponsor an organised activity that involves the use, in the name of that activity, or on or through any thing other than a regulated product, of all or any of the following:

2. a regulated product trade mark:
3. all or any part of a company name included in a regulated product trade mark:
4. 1 or more words, logos, colours, shapes, sounds, smells, or other elements of a regulated product trade mark that, as those 1 or more elements are used in the name, or on or through the thing, are likely to cause a person exposed to the name or thing to believe that the 1 or more elements are used in, on, or through it only or mainly for the purpose of advertising the product.

5. A person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable,—

6. in the case of a manufacturer, an importer, or a distributor,—
   1. to a fine not exceeding $600,000; but
   2. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $200,000; and
7. in the case of a large retailer,—
   1. to a fine not exceeding $200,000; but
   2. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $70,000; and
8. in any other case,—
   1. to a fine not exceeding $50,000; but
   2. if the contravention relates to a vaping product or smokeless tobacco product, to a fine not exceeding $15,000.