Northern Territory Consolidated Acts

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TOBACCO CONTROL ACT - SECT 44

Defence

44. Defence

It is a defence to a prosecution for an offence against section 42(1) (including an offence committed by virtue of section 42(3), (4) or (5)) or an offence against section 43 if the defendant proves -

(a) that, immediately before the sale, supply, offer or purchase of the tobacco product, the person who sold, supplied or offered to supply, or who purchased, the tobacco product was shown photographic identification indicating that the sale, supply or offer was being made to, or the purchase was for, an adult; and

(b) that, at that time, a reasonable person would have had no reason to suspect that the photographic identification was false or related to another person.



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