TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 43 Manufacturing non-compliant retail packaging of tobacco products under a contract with a constitutional corporation
TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 43
Manufacturing non-compliant retail packaging of tobacco products under a contract with a constitutional corporation(1) A person contravenes this subsection if:
(a) the person (the manufacturer ) manufactures any of the following retail packaging of tobacco products:
(i) a container for retail sale;
(ii) a container for retail sale that contains or will contain smaller containers;
(iii) a plastic or other wrapper that covers or will cover a container or containers for retail sale;
(iv) a plastic or other wrapper that covers or will cover a tobacco product that is for retail sale; and
(b) the retail packaging is manufactured under a contract with a constitutional corporation; and
(c) a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and
(d) the retail packaging does not comply with a tobacco product requirement.
Note: There is an exception to this subsection in section 49 (non-compliant tobacco products for export).
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:
(a) the element of the offence that the packaging is retail packaging; and
(b) 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).