TOBACCO ACT 1987 - SECT 42A Power to require names of persons supplied with tobacco
TOBACCO ACT 1987 - SECT 42A
Power to require names of persons supplied with tobaccoS. 42A(1) substituted by No. 49/2009 s. 49(1).
(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—
(a) 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; and
(b) the addresses of retail outlets in Victoria that the person knows—
(i) sell tobacco products manufactured by the person; or
(ii) sell tobacco products purchased at wholesale from the person, whether directly or indirectly.
S. 42A(1AA) inserted by No. 55/2016 s. 9(23).
(1AA) The Secretary may, in writing addressed to a person who manufactures e-cigarette products or sells e-cigarette 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—
(a) the names and addresses of persons carrying on an e-cigarette retailing business in Victoria to whom the person has supplied e‑cigarette products in Victoria within the preceding 12 months; and
(b) the addresses of retail outlets in Victoria that the person knows—
(i) sell e-cigarette products manufactured by the person; or
(ii) sell e-cigarette products purchased at wholesale from the person, whether directly or indirectly.
S. 42A(1A) inserted by No. 49/2009 s. 49(1), amended by No. 55/2016 s. 9(24).
(1A) Information provided to the Secretary in response to a request under subsection (1) or (1AA) must be in or to the effect of the form (including electronic form) approved by the Secretary.
S. 42A(2) amended by Nos 49/2009 s. 49(2), 55/2016 s. 9(24).
(2) If a person to whom a requirement under subsection (1) or (1AA) 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: In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
S. 42A(3) substituted by No. 66/2013 s. 11.
(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—
(a) to enable the Secretary to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or
(b) to enable an inspector to perform his or her duties or functions or to exercise his or her powers under this Act or the regulations; or
S. 42A(3)(c) amended by No. 55/2016 s. 9(25).
(c) to enable the tobacco retailers or e-cigarette retailers identified by the information to be informed about their obligations under this Act, the regulations or another law of this State or of the Commonwealth in relation to the sale of tobacco products; or
(d) to further the purpose or objects of the 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.
S. 42B inserted by No. 43/2000 s. 19, amended by No. 28/2001 s. 16 (ILA s. 39B(1)).