Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) A person commits an offence if the person—
(a) carries on tobacco wholesaling; and
(b) is not the holder of a wholesale tobacco merchant's licence.
Maximum penalty: 100 penalty units.
(2) A person commits an offence if the person—
(a) carries on tobacco wholesaling; and
(b) sells smoking products to someone who is not a licensee.
Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
(a) under the contract of sale, the smoking products were to be delivered by the seller to the buyer outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
(b) if the contract did not state that the smoking products were to be delivered outside the ACT, the parties intended the smoking products to be delivered outside the ACT, and that no part of the smoking products has been delivered by the seller to the buyer in the ACT; or
(c) the defendant believed on reasonable grounds that the person to whom the smoking product was sold was a licensee.
(4) A person commits an offence if the person—
(a) is not the holder of a wholesale tobacco merchant's licence; and
(b) sells a smoking product to someone else for sale in a vending machine.
Maximum penalty: 100 penalty units.