Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 15D

Prohibition of retailing at premises where offences have been committed

15D. Prohibition of retailing at premises where offences have been committed



(1) If-

   (a)  a person (the retailer) carries on a tobacco retailing business at
        premises that are a retail outlet; and

   (b)  that person, or an associate of that person, is found guilty of a
        relevant offence in respect of, or relating to, the carrying on of
        that business at those premises; and

   (c)  the offence is a first relevant offence committed in respect of those
        premises by any of the retailer and the associates of the retailer-

the court, in addition to imposing any other penalty, may order that the
retailer not carry on a tobacco retailing business at those premises or, if
the court so determines, at any new premises within 5 kilometres of those
premises, for such period, not exceeding 3 months, and commencing on such
date, as the court determines.

(2) If-

   (a)  a person (the retailer) carries on a tobacco retailing business at
        premises that are a retail outlet; and

   (b)  one relevant offence in respect of, or relating to, the carrying on of
        that business at those premises has been committed by any of the
        retailer and the associates of the retailer and there has been a
        finding of guilt; and

   (c)  the retailer, or an associate of the retailer, is found guilty of
        another relevant offence in respect of, or relating to, the carrying
        on of that business at those premises-

the retailer, or any associate of the retailer, must not carry on a tobacco
retailing business at those premises or, if the court so determines, at any
new premises within 5 kilometres of those premises, during the period of 3
months or, if the court which makes the finding of guilt specifies a longer
period not exceeding 12 months, during that specified period, and commencing
on such date, as the court determines. Penalty: 50 penalty units and, for a
continuing offence, an additional penalty of 2 penalty units for each day on
which the offence continues-

   (a)  after service of a notice of contravention by an inspector on the
        person carrying on the business; or

   (b)  if no notice of contravention has been served, after the commencement
        of the period.

(3) If-

   (a)  a person (the retailer) carries on a tobacco retailing business at
        premises that are a retail outlet; and

   (b)  two or more relevant offences in respect of, or relating to, the
        carrying on of that business at those premises have been committed by
        any one or more of the retailer and the associates of the retailer,
        and there has been a finding of guilt for each such offence; and

   (c)  the retailer, or an associate of the retailer, is found guilty of
        another relevant offence in respect of, or relating to, the carrying
        on of that business at those premises-

the retailer, or any associate of the retailer, must not carry on a tobacco
retailing business at those premises or, if the court so determines, at any
new premises within 5 kilometres of those premises, during the period of 5
years commencing on such date as the court determines. Penalty: 50 penalty
units and, for a continuing offence, an additional penalty of 2 penalty units
for each day on which the offence continues-

   (a)  after service of a notice of contravention by an inspector on the
        person carrying on the business; or

   (b)  if no notice of contravention has been served, after the commencement
        of the period.

(4) A person is not prohibited from carrying on a tobacco retailing business
at any premises by reason of subsection (2) or (3) if the court referred to in
that subsection-

   (a)  is satisfied that there are exceptional circumstances and that it is
        reasonable that the tobacco retailing business continue to be carried
        on at those premises; and

   (b)  makes an order to that effect.

(5) An offence is not to be taken into account for the purposes of this
section while an appeal is pending against a finding of guilt for the offence.

(6) If two or more persons are found guilty of an offence arising from the
sale or possession of the same tobacco products, there is deemed to be only
one offence for the purposes of this section.

(7) If a retailer and an associate of a retailer are prohibited from carrying
on a tobacco retailing business for 2 or more periods that overlap, those
periods are, to the extent that they apply to the same premises, to apply
consecutively.

(8) In this section-

associate, in relation to a person, means-

   (a)  if the person carries on a tobacco retailing business in partnership
        with another person, that other person;

   (b)  if the person is a corporation-

   (i)  a director or person concerned in the management of the corporation;
        or

   (ii) a person who is entitled to more than 25% of the shares in the
        corporation;

new premises, in relation to an offence by a person in relation to premises,
does not include premises at which the person carried on a tobacco retailing
business before the offence was committed;

relevant offence means-

   (a)  an offence against section 12; or

   (b)  an offence against section 11A; or

   (c)  an offence against the Customs Act 1901 of the Commonwealth in respect
        of the possession of tobacco products that are smuggled goods or
        prohibited imports within the meaning of that Act; or

   (d)  an offence against the Excise Act 1901 of the Commonwealth in respect
        of the possession of tobacco products that are excisable goods within
        the meaning of that Act upon which excise duty had not been paid.

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