11AIllicit tobacco offences

11A Illicit tobacco offences

(1) A person who carries on a tobacco supply business must not have any illicit tobacco in the person's possession or under the person's control.

Penalty: In the case of a natural person, 120 penalty units;

(2) A person who carries on a tobacco supply business must not, intentionally or recklessly, have a commercial quantity of illicit tobacco in the person's possession or under the person's control.

Penalty: In the case of a natural person, 840 penalty units or imprisonment for 5 years;

In the case of a body corporate, 4200 penalty units.

(3) A person must not sell or otherwise supply any illicit tobacco.

Penalty: In the case of a natural person, 120 penalty units;

(4) A person must not, intentionally or recklessly, sell or otherwise supply a commercial quantity of illicit tobacco.

Penalty: In the case of a natural person, 1800 penalty units or imprisonment for 15 years;

In the case of a body corporate, 9000 penalty units.

(5) An offence against subsection (2) or (4) is an indictable offence.

commercial quantity, in relation to illicit tobacco, means a quantity of illicit tobacco prescribed by the regulations.

S. 12 (Heading) inserted by No. 55/2016 s. 9(10)(o), amended by No. 51/2024 s. 56(1).