TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 49 Export exception for non-compliant tobacco products

TOBACCO PLAIN PACKAGING ACT 2011 (NO. 148, 2011) - SECT 49

             (1)  Subsection (1) of any of sections 31 to 48 (other than section 36 or 46) does not apply if:

                     (a)  a person (the relevant person ):

                              (i)  engages in the conduct to which that subsection applies in relation to a tobacco product; or

                             (ii)  manufactures retail packaging, and a tobacco product is packaged for retail sale in the retail packaging by another person; and

                     (b)  a contract or arrangement has been entered into, or an understanding has been arrived at, for the tobacco product to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and

                     (c)  the relevant person engages in that conduct, or manufactures that retail packaging, in the course of, or for the purposes of, the tobacco product being exported; and

                     (d)  if the relevant person supplies or purchases the tobacco product, or offers to supply the tobacco product:

                              (i)  the supply is not a retail sale; or

                             (ii)  the relevant person does not purchase the product in the course of a retail sale; or

                            (iii)  the relevant person does not offer the product for retail sale;

                            (as the case requires).

Note:          A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code ).

             (2)  A person who wishes to rely on subsection (1) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.