Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 108

  (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 in retail packaging; and

  (d)   the retail packaging does not comply with a tobacco product requirement.

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 retailer is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and

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

Note 1:   A defendant bears an evidential burden in relation to the matters in this subsection   (see subsection   13.3(3) of the Criminal Code ).

Note 2:   There is another exception to subsection   (1) in section   120 (export exception).

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.