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Public Health (Tobacco and Other Products) Act 2023
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Turn the raw legal text into a practical explanation grounded in Public Health (Tobacco and Other Products) Act 2023.
(1) A person contravenes this subsection if: (a) the person: (i) sells a tobacco product by way of retail sale; or (ii) offers a tobacco product for sale by way of retail sale; to another person; and (b) that other person is a constitutional corporation; and (c) at the time the product is sold or offered for sale, the product is not in retail packaging.
Note 1: The physical elements of offences against subsections (2) and (4) are set out in this subsection (see section 165).
Note 2: See section 16 for an extended meaning of offer.
Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).
Penalty:
(a) for an individual—2,000 penalty units; and
(b) for a body corporate—20,000 penalty units.
(3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b). Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
(a) for an individual—60 penalty units; and
(b) for a body corporate—600 penalty units.
Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) for an individual—2,000 penalty units; and
(b) for a body corporate—20,000 penalty units.