Victorian Consolidated Legislation

Tobacco Act 1987 - SECT 42A

Power to require names of persons supplied with tobacco

42A. Power to require names of persons supplied with tobacco



(1) The Secretary may, in writing addressed to a person who manufactures
tobacco products, or sells tobacco products by wholesale, require the person
to provide to the Secretary within a reasonable period, being not less than
one month after the requirement is made, the names and addresses of persons
carrying on a tobacco retailing business in Victoria to whom the person has
supplied tobacco products in Victoria within the preceding 12 months.

(2) If a person to whom a requirement under subsection (1) is addressed
refuses or fails to respond or provides information that the person knows to
be false or misleading in any material particular, the person is guilty of an
offence.

Penalty: For a first offence: 10 penalty units. For a second or subsequent
offence: 100 penalty units.

(3) The Secretary must not give to any other person, whether directly or
indirectly, any information acquired by the Secretary under this section
except to the extent necessary to enable an inspector to carry out functions
under this Act.

Penalty: 60 penalty units.

(4) Subsection (3) does not apply to the giving of information-

   (a)  to a court or tribunal in the course of legal proceedings; or

   (b)  pursuant to an order of a court or tribunal; or

   (c)  with the written authority of the person to whom the information
        relates.