Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 127

  (1)   A person contravenes this subsection if:

  (a)   the person engages in conduct; and

  (b)   the conduct is:

  (i)   the importation or manufacture of; or

  (ii)   the sale or supply of, or the offer to sell or supply;

    a tobacco product; and

  (c)   at the time the person engages in the conduct, the tobacco product is permanently banned under this Act; and

  (d)   any of the following apply:

  (i)   the person is a constitutional corporation;

  (ii)   the person is a body corporate that is incorporated in a Territory;

  (iii)   the conduct occurs in the course of constitutional trade or commerce;

  (iv)   the conduct occurs in a Territory.

Note:   The physical elements of offences against subsections   (4) and (7) are set out in this subsection   (see section   165).

Exception--importation for personal use

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

  (a)   the person who engages in the conduct is an individual; and

  (b)   the conduct is the importation of the tobacco product for personal use by the individual; and

  (c)   another law of the Commonwealth permits the importation of the tobacco product; and

  (d)   the amount of the tobacco product does not exceed the limit (if any) on the importation of such a product prescribed by that other law.

Exception--sale or supply by way of export

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

  (a)   the conduct engaged in by the person is the sale or supply of, or an offer to sell or supply, the tobacco product by way of export; and

  (b)   the sale or supply is not, or would not be, a retail sale.

Note:   A defendant bears an evidential burden in relation to the matters in subsections   (2) and (3) (see subsection   13.3(3) of the Criminal Code )

Fault - based offence

  (4)   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.

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

Geographical application

  (6)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (4).

Strict liability offence

  (7)   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

  (8)   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.