Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 120

Scope

  (1)   This section applies in relation to subsection   (1) (the conduct rule ) of each of the following provisions:

  (a)   sections   94 to 100;

  (b)   sections   102 to 105;

  (c)   sections   108 to 114;

  (d)   sections   116 to 119.

Export exception

  (2)   The conduct rule does not apply to a person (the relevant person ) if:

  (a)   the relevant person engages in conduct that would (apart from this section) contravene the conduct rule in relation to a regulated tobacco item; and

  (b)   subsection   (3) is satisfied in relation to the item.

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

Export conditions

  (3)   This subsection is satisfied in relation to a regulated tobacco item if:

  (a)   a contract or arrangement has been entered into, or an understanding has been reached, with another person for the item to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and

  (b)   the relevant person engages in the conduct in the course of, or for the purposes of, the item being exported; and

  (c)   in a case where the relevant person sells or supplies the item, or offers to sell or supply the item--the sale or supply is not, or would not be, a retail sale; and

  (d)   in a case where the relevant person purchases the item--the relevant person does not purchase the item in the course of a retail sale.