Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the person:
(i) advertises, by any means, vaping goods; or
(ii) causes the advertising, by any means, of vaping goods; and
(b) either:
(i) no authorisation under section 42DZC is in force in relation to the advertising; or
(ii) an authorisation under section 42DZC is in force in relation to the advertising, but the advertising does not include representations or information as specified in the authorisation, or the advertising is not otherwise in accordance with the authorisation, or the advertising does not comply with a condition to which the authorisation is subject.
Penalty: Imprisonment for 7 years or 5,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
(2) A person commits an offence of strict liability if:
(a) the person:
(i) advertises, by any means, vaping goods; or
(ii) causes the advertising, by any means, of vaping goods; and
(b) either:
(i) no authorisation under section 42DZC is in force in relation to the advertising; or
(ii) an authorisation under section 42DZC is in force in relation to the advertising, but the advertising does not include representations or information as specified in the authorisation, or the advertising is not otherwise in accordance with the authorisation, or the advertising does not comply with a condition to which the authorisation is subject.
Continuing offences
(3) A person who contravenes subsection (1) or (2) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
(4) The maximum penalty for each day that an offence against subsection (1) or (2) continues is 10% of the maximum pecuniary penalty that can be imposed in respect of that offence.