sec.209CFCivil penalty for contravention by relevant lessor

sec.209CF Civil penalty for contravention by relevant lessor

The chief executive may apply to the court for an order under this section if the chief executive is reasonably satisfied a relevant lessor has contravened section 209CE (1) . If the court is satisfied the relevant lessor has contravened section 209CE (1) , the court may make— an order that the relevant lessor pay the State as a civil penalty— if the relevant lessor is an individual—an amount of not more than the amount that is equivalent to 1,000 penalty units; or if the relevant lessor is a corporation—an amount of not more than the amount that is equivalent to 5,000 penalty units; and any other order the court considers appropriate. In deciding whether a relevant lessor has contravened section 209CE (1) , the court may have regard to the following— whether there is a pattern of supply or possession of illicit tobacco or illicit nicotine products at the premises; whether the chief executive has notified the relevant lessor that 1 or more closure orders have been made in relation to the premises; whether the relevant lessor and the person using the premises have an arm’s length relationship; whether the rent for the premises is significantly above market value or paid well in advance; whether the lease is in writing; whether the relevant lessor has taken steps to terminate the lease of the premises or otherwise prevent the supply or possession of illicit tobacco or illicit nicotine products at the premises. However, the court must not make an order under subsection (2) against the relevant lessor if the relevant lessor has a reasonable excuse for permitting the person to use the premises for the supply or possession of illicit tobacco or illicit nicotine products as part of a business activity. The relevant lessor bears an evidential burden in relation to the matter mentioned in subsection (4) . The court must apply the rules of evidence and procedure for civil proceedings when hearing a proceeding under this section. Evidence or information acquired under this Act in relation to an offence against section 209CE , including, for example, under a warrant issued under section 184 or under section 215A , is admissible in a proceeding under this section. A contravention of section 209CE (1) found under this section is not an offence. An application for an order in relation to a contravention of section 209CE (1) must be made within 2 years after the contravention or alleged contravention first comes to the notice of the chief executive. s 209CF ins 2025 No. 27 s 26 (sec.209CF-ssec.1) The chief executive may apply to the court for an order under this section if the chief executive is reasonably satisfied a relevant lessor has contravened section 209CE (1) . (sec.209CF-ssec.2) If the court is satisfied the relevant lessor has contravened section 209CE (1) , the court may make— an order that the relevant lessor pay the State as a civil penalty— if the relevant lessor is an individual—an amount of not more than the amount that is equivalent to 1,000 penalty units; or if the relevant lessor is a corporation—an amount of not more than the amount that is equivalent to 5,000 penalty units; and any other order the court considers appropriate. (sec.209CF-ssec.3) In deciding whether a relevant lessor has contravened section 209CE (1) , the court may have regard to the following— whether there is a pattern of supply or possession of illicit tobacco or illicit nicotine products at the premises; whether the chief executive has notified the relevant lessor that 1 or more closure orders have been made in relation to the premises; whether the relevant lessor and the person using the premises have an arm’s length relationship; whether the rent for the premises is significantly above market value or paid well in advance; whether the lease is in writing; whether the relevant lessor has taken steps to terminate the lease of the premises or otherwise prevent the supply or possession of illicit tobacco or illicit nicotine products at the premises. (sec.209CF-ssec.4) However, the court must not make an order under subsection (2) against the relevant lessor if the relevant lessor has a reasonable excuse for permitting the person to use the premises for the supply or possession of illicit tobacco or illicit nicotine products as part of a business activity. (sec.209CF-ssec.5) The relevant lessor bears an evidential burden in relation to the matter mentioned in subsection (4) . (sec.209CF-ssec.6) The court must apply the rules of evidence and procedure for civil proceedings when hearing a proceeding under this section. (sec.209CF-ssec.7) Evidence or information acquired under this Act in relation to an offence against section 209CE , including, for example, under a warrant issued under section 184 or under section 215A , is admissible in a proceeding under this section. (sec.209CF-ssec.8) A contravention of section 209CE (1) found under this section is not an offence. (sec.209CF-ssec.9) An application for an order in relation to a contravention of section 209CE (1) must be made within 2 years after the contravention or alleged contravention first comes to the notice of the chief executive.