Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 7

Concurrent operation of State and Territory laws

  (1)   This Act does not exclude or limit the operation of a State or Territory law that is capable of operating concurrently with this Act.

  (2)   Without limiting subsection   (1), this Act does not exclude or limit the concurrent operation of a law of a State or Territory to the extent that:

  (a)   the law makes an act or omission:

  (i)   an offence; or

  (ii)   subject to a civil penalty; and

  (b)   that (or any similar) act or omission is also:

  (i)   an offence against this Act; or

  (ii)   subject to a civil penalty under this Act.

  (3)   To avoid doubt, subsection   (2) applies even if the law of the State or Territory does any one or more of the following in relation to the offence or civil penalty:

  (a)   provides for a penalty that differs from the penalty provided in this Act;

  (b)   provides for fault elements that differ from the fault elements applicable to the offence against this Act;

  (c)   provides for defences or exceptions that differ from the defences or exceptions applicable to the offence against, or civil penalty provision of, this Act.

No doubling - up of liabilities

  (4)   If:

  (a)   an act or omission is an offence against this Act and is also an offence against a law of a State or Territory; and

  (b)   the offender has been punished for the offence under the law of the State or Territory;

the offender is not liable to be punished for the offence under this Act.

  (5)   If a person has paid, or been ordered to pay, a pecuniary penalty under a law of a State or Territory, the person is not liable to a civil penalty under this Act in respect of the same conduct.