Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 12

Supplying tobacco to person under 18 years

12. Supplying tobacco to person under 18 years



(1) A person must not sell a tobacco product to a person under the age of 18
years.

Penalty: 50 penalty units.

(2) A person must not purchase a tobacco product for the use of a person under
the age of 18 years.

Penalty: 20 penalty units.

(3) A person must not permit a person under the age of 18 years to obtain a
tobacco product from a vending machine situated on premises occupied by the
first-mentioned person.

Penalty: 50 penalty units.

(3A) If a person (the primary offender) commits an offence against subsection
(1), each manager of the primary offender (if any) also commits an offence
against that subsection.



(3B) Proceedings for an offence committed by a manager because of subsection
(3A) may be brought whether or not proceedings have been brought against the
primary offender and whether or not the primary offender has been convicted.

(3C) If an offence is committed against subsection (1) on premises at which a
business is carried on, it must be presumed, unless the contrary is
established, that the offence was committed in the course of the carrying on
of that business.



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(4) It is a defence to a prosecution under this section if a person proves
that he or she-



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   (c)  at the time of the alleged offence, had seen an evidence of age
        document of the person whose age is material to the offence,
        indicating that the person is of or over the age of 18 years; or

   (d)  in the case of a prosecution against a manager for an offence against
        subsection (1)-

        (i)    had no knowledge of the primary offence; and

   (ii) had taken prevention measures in relation to the primary offender.

(5) In this section-

manager of a primary offender, means-

   (a)  an employer of the primary offender; or

   (b)  a person who authorised the primary offender to sell tobacco products
        as the person's agent; or

   (c)  if the primary offence was committed in the course of carrying on a
        business-a person who owns, manages, controls, conducts or operates
        that business;





prevention measures by a manager in relation to a primary offender, means
doing the following things at intervals not exceeding 6 months-

   (a)  instructing the primary offender-

   (i)  not to sell tobacco products to a person under the age of 18 years in
        any circumstances, even if the tobacco products are for, or claimed to
        be for, a person over that age; and

   (ii) to sight an evidence of age document for a person before selling a
        tobacco product to the person; and

   (b)  warning the primary offender that if the primary offender sells
        tobacco products to a person under the age of 18 years in disregard of
        the instructions mentioned in paragraph (a), the primary offender
        commits an offence against this Act; and

   (c)  obtaining written acknowledgement by the primary offender that the
        primary offender received the instructions and warning mentioned in
        paragraphs (a) and (b);

primary offence means the offence committed by the primary offender; primary
offender has the meaning given in subsection (3A).