6Application of new measures to pre‑supplied regulated tobacco items

6 Application of new measures to pre‑supplied regulated tobacco items

Scope (1) This section applies in relation to a person (the retailer) who, during the new measure transition period: (a) sells regulated tobacco items by retail sale; or (b) offers such items for retail sale. Extended transition period for retailers—new measures (2) The retailer does not contravene a provision of the new Act mentioned in subsection (3), by reason only that a regulated tobacco item does not comply with a tobacco product requirement mentioned in subsection (4), if all of the following conditions are satisfied: (a) the item was supplied to the retailer in retail packaging before the start of the new measure transition period; (b) the retailer possesses, sells or supplies, or offers to sell or supply, the item in that retail packaging; (c) the retailer does not contravene a provision of the new Act mentioned in subitem 15(2) of Schedule 2 to the transitional Act in relation to the retail packaging of the item because of item 16 of that Schedule. Provisions in new Act subject to extended transition period (3) For the purposes of subsection (2), the provisions of the new Act are each of the following: (a) section 94 (selling or supplying tobacco products in non‑compliant retail packaging); (b) section 96 (possessing tobacco products in non‑compliant retail packaging); (c) section 102 (selling or supplying non‑compliant regulated tobacco items); (d) section 104 (possessing non‑compliant regulated tobacco items); (e) section 108 (selling or supply tobacco products in non‑compliant retail packaging to a constitutional corporation); (f) section 110 (possessing tobacco products in non‑compliant retail packaging obtained from a constitutional corporation); (g) section 116 (selling or supplying non‑complaint regulated tobacco items to a constitutional corporation); (h) section 118 (possessing non‑compliant regulated tobacco items obtained from a constitutional corporation). Relevant tobacco product requirements (4) For the purposes of subsection (2), the tobacco product requirements are any of the following: (a) a tobacco product requirement mentioned in Division 2 of Part 4 of Schedule 2 to the transitional Act (which deals with the application of certain new tobacco product requirements in Chapter 3 of the new Act); (b) a tobacco product requirement prescribed by subsection 114A(1) of the new regulations.