38Selling tobacco products or non-tobacco smoking products by wholesale without licence

38 Selling tobacco products or non-tobacco smoking products by wholesale without licence

38 Selling tobacco products or non-tobacco smoking products by wholesale without licence

(1) A person must not sell tobacco products or non-tobacco smoking products by wholesale unless the person holds a wholesale licence that is in effect.

Maximum penalty—

(a) for an individual—6,000 penalty units, or

(b) otherwise—8,000 penalty units.

(2) A person does not commit an offence under subsection (1) if—

(a) the person is employed by or otherwise engaged to work for a licensed wholesaler, and

(b) the sale is made in accordance with—

(i) this Act and the regulations, and

(ii) the wholesale licence held by the licensed wholesaler.

(3) A licensed wholesaler must not sell tobacco products or non-tobacco smoking products by wholesale other than in accordance with—

(a) this Act and the regulations, and

(b) the wholesale licence held by the licensed wholesaler.

Maximum penalty—

(a) for an individual—6,000 penalty units, or

(b) otherwise—8,000 penalty units.

s 38: Subst 2024 No 87, Sch 1[9]. Am 2025 No 51, Sch 1[9].