TOBACCO ACT 1987 - SECT 13A Mobile selling of tobacco products and e-cigarette products
TOBACCO ACT 1987 - SECT 13A
Mobile selling of tobacco products and e-cigarette productsS. 13A(1) amended by Nos 45/2005 s. 17, 49/2009 s. 29(1), 55/2016 s. 9(12)(b).
(1) A person must not, in the course of carrying on a business or in the course of his or her employment, sell any tobacco product or e‑cigarette product that is carried about on his or her person.
Penalty: 120 penalty units.
S. 13A(2) amended by Nos 45/2005 s. 17, 49/2009 s. 29(2), 55/2016 s. 9(12)(b).
(2) A person must not authorise another ( the seller ) to sell any tobacco product or e-cigarette product that is carried about on the seller's person.
Penalty: In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
S. 13A(2A) inserted by No. 49/2009 s. 29(3), amended by No. 55/2016 s. 9(12)(c).
(2A) A tobacco company or e-cigarette company is guilty of an offence against this subsection, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company or e-cigarette company, as the case may be, intentionally or recklessly—
(a) contravenes subsection (2); or
(b) causes another person to contravene subsection (1) or (2).
S. 13A(2B) inserted by No. 49/2009 s. 29(3).
(2B) An offence against subsection (2A) is an
indictable offence.
S. 13A(3) amended by No. 55/2016 s. 9(12)(d).
(3) A reference in this section to a tobacco product or e-cigarette product carried about on a person includes a reference to a tobacco product or e‑cigarette product that is intended to be sold from a tray, bag or other container whether or not it is being carried about on the person at the time of sale.
S. 14 amended by Nos 28/2001 s. 10, 45/2005 s. 17, 49/2009 s. 30.