Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 111

  (1)   A person contravenes this subsection if:

  (a)   the person packages a tobacco product; and

  (b)   the product is packaged for retail sale; and

  (c)   the product is packaged under a contract with a constitutional corporation; and

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

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

Note 2:   There is an exception to this subsection in section   120 (export exception).

Fault - based offence

  (2)   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.

  (3)   For the purposes of subsection   (2), strict liability applies to paragraphs   (1)(b) and (c).

Strict liability offence

  (4)   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

  (5)   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.