114Manufacturing tobacco products that are packaged in non‑compliant retail packaging by a constitutional corporation

114 Manufacturing tobacco products that are packaged in non‑compliant retail packaging by a constitutional corporation

(1) A person contravenes this subsection if: (a) the person (the manufacturer) manufactures a tobacco product; and (b) the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and (c) that other person is a constitutional corporation; and (d) the tobacco product is packaged for retail sale by the other person; and (e) the retail packaging does not comply with a tobacco product requirement.

Note: The physical elements of offences against subsections (3) and (5) are set out in this subsection (see section 165).

Exception (2) Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements.

Note 1: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Note 2: There is another exception to subsection (1) in section 120 (export exception).

Fault‑based offence (3) 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.

(4) For the purposes of subsection (3), strict liability applies to paragraph (1)(c). Strict liability offence (5) 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 (6) 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.