33ASelling tobacco without a licence

33A Selling tobacco without a licence

(1) A person must not sell a tobacco product in Victoria unless the person holds a licence authorising the sale.

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.

(2) An offence against subsection (1) is an indictable offence.

(3) Subsection (1) does not apply to a person who sells a tobacco product as an employee or agent of a person who holds a licence if the sale is in accordance with the licence and this Act.

(4) In a proceeding against the occupier of any premises for an offence against subsection (1), the fact that there are on the premises more tobacco products than are reasonably required for the use of the occupier is evidence of the sale of those products by the occupier.

(5) Subsection (4) does not apply to residential premises unless those premises are also licensed tobacco premises.

S. 33B inserted by No. 51/2024 s. 35.