Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person commits an offence if:
(a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2) in relation to vaping goods; and
(b) the person does an act or omits to do an act; and
(c) the act or omission contravenes the direction or a condition of the direction; and
(d) either:
(i) the use of the vaping goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or
(ii) the use of the vaping goods, if the vaping goods were used, would result in, or would be likely to result in, harm or injury to any person; and
(e) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because of the contravention.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (2) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
(2) A person commits an offence if:
(a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2); and
(b) the person does an act or omits to do an act; and
(c) the act or omission contravenes the direction or a condition of the direction.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
(3) A person commits an offence of strict liability if:
(a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2); and
(b) the person does an act or omits to do an act; and
(c) the act or omission contravenes the direction or a condition of the direction.