17Tobacco products—rebuttable presumption of offer for retail sale

17 Tobacco products—rebuttable presumption of offer for retail sale

For the purposes of this Act, unless the contrary is proved, a tobacco product is presumed to be offered for retail sale if: (a) an amount of the tobacco product is on physical premises (whether or not open to the public) from which regulated tobacco items are: (i) sold by way of retail sale; or (ii) supplied to fulfil a retail sale; and (b) the amount exceeds the amount (if any) prescribed by regulations made for the purposes of this paragraph.

Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code).

Chapter 2—Advertising and sponsorship prohibitions