TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 31 Selling or supplying tobacco products in non-compliant retail packaging
TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 31
Selling or supplying tobacco products in non-compliant retail packaging(1) A person contravenes this subsection if:
(a) the person:
(i) sells a tobacco product; or
(ii) offers a tobacco product for sale; or
(iii) otherwise supplies (whether or not for consideration) a tobacco product; and
(b) at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and
(c) the retail packaging does not comply with a tobacco product requirement.
Note 1: There is an exception to this subsection in section 49 (non-compliant tobacco products for export).
Note 2: See subsection 4(2) for an extended meaning of offer .
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty: 2,000 penalty units.
Note: See section 50 in relation to the physical elements of the offence.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).
Note: For strict liability in relation to a physical element of an offence, see subsection 6.1(2) of the Criminal Code .
Strict liability offence
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Note: For offences of strict liability, see subsection 6.1(1) of the Criminal Code .
(5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,000 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 98).