116Selling or supplying non‑compliant regulated tobacco items to a constitutional corporation

116 Selling or supplying non‑compliant regulated tobacco items to a constitutional corporation

(1) A person contravenes this subsection if: (a) the person: (i) sells a regulated tobacco item; or (ii) offers a regulated tobacco item for sale; or (iii) otherwise supplies (whether or not for consideration) a regulated tobacco item; to another person; and (b) that other person is a constitutional corporation; and (c) the item does not comply with a tobacco product requirement.

Note 1: The physical elements of offences against subsections (2) and (4) are set out in this subsection (see section 165).

Note 2: There is an exception to this subsection in section 120 (export exception).

Note 3: 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.