sec.161ASupply or possession of illicit nicotine products as part of business activities

sec.161A Supply or possession of illicit nicotine products as part of business activities

A person must not, as part of a business activity, supply an illicit nicotine product. Maximum penalty—2,000 penalty units or 2 years imprisonment, or both. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A (1) . A person must not, as part of a business activity, store or otherwise be in possession of an illicit nicotine product at— the premises where the business activity is conducted; or another premises, including, for example, a storage shed or vehicle, connected with the premises where the business activity is conducted. Maximum penalty—1,000 penalty units or 1 year’s imprisonment, or both. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A (1) . Subsections (1) and (2) do not apply to an act of the person that is done as an employee, or otherwise acting on behalf, of another person. Subsection (1) does not apply in relation to the supply of an illicit nicotine product if— the illicit nicotine product is vaping goods; and were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QB in relation to the supply of the illicit nicotine product, the person would be entitled to claim an exception in relation to the supply under that section. Subsection (2) does not apply in relation to the possession of an illicit nicotine product if— the illicit nicotine product is vaping goods; and were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QC or 41QD in relation to the possession of the illicit nicotine product, the person would be entitled to claim an exception in relation to the possession under— section 41QC (12) , (13) and (14) ; or section 41QD (6) , (7) and (8) . It is a defence to a charge under subsection (2) for the person to prove that the illicit nicotine product is stored or possessed for personal use by the person or an employee of the person. However, if the illicit nicotine product is vaping goods, subsection (6) does not apply if the quantity of vaping goods is more than the permitted quantity. In this section— permitted quantity , for vaping goods, means the quantity prescribed by regulation for this definition. s 161A ins 2024 No. 51 s 17 (sec.161A-ssec.1) A person must not, as part of a business activity, supply an illicit nicotine product. Maximum penalty—2,000 penalty units or 2 years imprisonment, or both. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A (1) . (sec.161A-ssec.2) A person must not, as part of a business activity, store or otherwise be in possession of an illicit nicotine product at— the premises where the business activity is conducted; or another premises, including, for example, a storage shed or vehicle, connected with the premises where the business activity is conducted. Maximum penalty—1,000 penalty units or 1 year’s imprisonment, or both. If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A (1) . (sec.161A-ssec.3) Subsections (1) and (2) do not apply to an act of the person that is done as an employee, or otherwise acting on behalf, of another person. (sec.161A-ssec.4) Subsection (1) does not apply in relation to the supply of an illicit nicotine product if— the illicit nicotine product is vaping goods; and were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QB in relation to the supply of the illicit nicotine product, the person would be entitled to claim an exception in relation to the supply under that section. (sec.161A-ssec.5) Subsection (2) does not apply in relation to the possession of an illicit nicotine product if— the illicit nicotine product is vaping goods; and were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QC or 41QD in relation to the possession of the illicit nicotine product, the person would be entitled to claim an exception in relation to the possession under— section 41QC (12) , (13) and (14) ; or section 41QD (6) , (7) and (8) . (sec.161A-ssec.6) It is a defence to a charge under subsection (2) for the person to prove that the illicit nicotine product is stored or possessed for personal use by the person or an employee of the person. (sec.161A-ssec.7) However, if the illicit nicotine product is vaping goods, subsection (6) does not apply if the quantity of vaping goods is more than the permitted quantity. (sec.161A-ssec.8) In this section— permitted quantity , for vaping goods, means the quantity prescribed by regulation for this definition.