Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 107

  (1)   A person contravenes this subsection if:

  (a)   the person:

  (i)   sells a tobacco product; or

  (ii)   offers a tobacco product for sale; or

  (iii)   otherwise supplies (whether or not for consideration) a tobacco product;

    to another person (the retailer ); and

  (b)   the retailer is a constitutional corporation; and

  (c)   at the time the product is sold, offered for sale or supplied to the retailer, the product is not in retail packaging; and

  (d)   at that time, the person knows that, or is reckless as to whether, the retailer is ordinarily in the business of selling tobacco products by way of retail sale.

Note 1:   The physical elements of offences against subsections   (3) and (5) are set out in this subsection   (see section   165).

Note 2:   See section   16 for an extended meaning of offer .

Exception--cigars sold or supplied to retailer for individual resale

  (2)   Subsection   (1) does not apply if:

  (a)   the sale, offer or supply is in respect of multiple tobacco products that are cigars; and

  (b)   the sale or supply is by way of import by the retailer; and

  (c)   the person reasonably believes that the retailer intends to package each cigar individually for retail sale as a single cigar.

Note:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code ).

Fault - based offence

  (3)   A person commits an offence if the person contravenes subsection   (1).

Penalty:

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

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

  (4)   For the purposes of subsection   (3), strict liability applies to paragraphs   (1)(b) and (c).

Strict liability offence

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

Penalty:

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

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

Civil penalty provision

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

Civil penalty:

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

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