Div 4Offences relating to children

Division 4—Offences relating to children 39D—Sale or supply of tobacco products by children (1) A person must not employ, authorise or allow a child to sell or supply a tobacco product other than in accordance with this section. (b) in the case of an individual—$315. (2) This section does not prevent the employment or authorisation of a child to sell or supply a tobacco product if the child is of or above the age of 16 years. 39E—Sale or supply of certain products to children (1) If a tobacco product is sold or supplied to a child, the responsible person is guilty of an offence, or if there is more than one responsible person, each responsible person is guilty of an offence. (a) in the case of a responsible person who is the proprietor of a business— (i) in the case of a body corporate— (A) for a first offence—$1 000 000; (B) for a second or subsequent offence—$1 500 000; (ii) in the case of an individual— (A) for a first offence—$500 000; (B) for a second or subsequent offence—$750 000; (b) in any other case— (i) in the case of a body corporate— (A) for a first offence—$750 000; (B) for a second or subsequent offence—$1 100 000; (ii) in the case of an individual— (A) for a first offence—$350 000; (B) for a second or subsequent offence—$700 000. (2) It is a defence to a charge of an offence against subsection (1) that was allegedly committed in the course of a business to prove that— (a) the proprietor of the business or some person acting on behalf of the proprietor of the business required the minor to produce evidence of age of a kind prescribed by regulation; and (b) the minor made a false statement, or produced false evidence, in response to that requirement; and (c) in consequence the person who served or assisted the minor reasonably assumed that the minor was of or above the age of 18 years. (3) It is a defence to a charge of an offence against subsection (1) that was allegedly committed otherwise than in the course of a business to prove that the defendant had reasonable cause to believe that the child was of or above the age of 18 years. (4) The defence under subsection (2) or (3) applies to the exclusion of the general defence under section 79. (5) A person who sells tobacco products by retail must display a notice in the prescribed form setting out the effect of, and the penalty for, an offence against subsection (1) in a manner and position that is likely to attract the attention of customers. (5a) A person who sells or supplies an e‑cigarette product to a child is guilty of an offence. (i) for a first offence—$1 000 000; (ii) for a second or subsequent offence—$1 500 000; (i) for a first offence—$500 000; (ii) for a second or subsequent offence—$750 000. (5b) A person who sells or supplies a prohibited product to a child is guilty of an offence. (i) for a first offence—$1 000 000; (ii) for a second or subsequent offence—$1 500 000; (i) for a first offence—$500 000; (ii) for a second or subsequent offence—$750 000. (6) In this section— responsible person, in relation to the sale or supply of a tobacco product or e‑cigarette product to a child, means— (a) if the product is sold or supplied in the course of a business— (i) the proprietor of the business; or (ii) a person who sells or supplies the product on behalf of the proprietor; or (c) if the product is sold or supplied otherwise than in the course of a business—the person who sells or supplies the product.