Div 1Offences relating to tobacco products

Division 1—Offences relating to tobacco products 30—Restrictions on sale of tobacco products (1) The following provisions apply in relation to the sale of tobacco products: (a) a person must not sell cigarettes— (i) singly or loose; or (ii) if the package enclosing the cigarettes— (A) contains, or is designed to contain, fewer than 20 cigarettes; or (B) is able, or is readily able, to be divided into portions containing fewer than 20 cigarettes each; (b) a person must not sell a tobacco product unless it is enclosed in a package that complies with the prescribed packaging requirements; (e) a person must not sell a tobacco product by retail if the order for the product has been placed by mail, telephone, fax, email, Internet or other electronic means. (1a) In subsection (1)(b), a reference to a tobacco product enclosed in a package includes a tobacco product that is enclosed in 2 or more packages. 31—Requirements for packaging tobacco products A person must not package tobacco products for retail sale in a manner that the person knows or ought reasonably to know does not comply with the prescribed packaging requirements. 32—Prohibition on sale or supply of certain tobacco products A person must not sell or supply tobacco products that the person knows or ought reasonably to know— (a) are prohibited goods as defined in the Customs Act 1901 of the Commonwealth; or (b) are excisable goods as defined in the Excise Act 1901 of the Commonwealth on which excise duty has not been paid. 33—Possession of certain tobacco products (1) A person must not, without lawful excuse, have possession of prescribed tobacco products for the purpose of sale. (2) In this section— prescribed tobacco product means tobacco products that— (a) are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or (b) do not comply with the prescribed packaging requirements. (3) In proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a quantity of prescribed tobacco products that equals or exceeds the prescribed quantity, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the prescribed tobacco products for the purposes of sale. 34A—Prohibited tobacco products (1) The Minister may, by notice in the Gazette, declare that a class of tobacco products specified in the notice are prohibited tobacco products. (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that— (a) the tobacco products, or the smoke of the products, possesses a distinctive fruity, sweet or confectionary-like character; and (b) the nature of the products, or the way they are advertised, might encourage young people to smoke. (3) The Minister may, by further notice in the Gazette, vary or revoke a notice under this section. (4) A person must not sell a prohibited tobacco product. 35—Sale of sucking tobacco A person must not sell sucking tobacco. 36—Products designed to resemble tobacco products A person must not sell any product (other than a tobacco product or an e‑cigarette) that is designed to resemble a tobacco product. 37—Sale of tobacco products by vending machine A person must not sell cigarettes or any other tobacco product by means of a vending machine. 38—Carrying tray etc of tobacco products for making of successive retail sales (1) A person must not go amongst persons in premises carrying tobacco products in a tray or container or otherwise on their person for the purpose of making successive sales of such products by retail. (2) A person must not cause or permit another to engage in the practice referred to in subsection (1) in premises under the person's control.