Public Health (Tobacco and Other Products) Act 2023
97Packaging tobacco products in non‑compliant retail packaging
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97 Packaging tobacco products in non‑compliant retail packaging
(1) A person contravenes this subsection if: (a) the person packages a tobacco product; and (b) the tobacco product is packaged for retail sale; and (c) the retail packaging 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).
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.