Tobacco and Other Smoking Products Act 1998
sec.51Wholesale to only be made to licensed retailers
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sec.51 Wholesale to only be made to licensed retailers
The licensee for a wholesale licence must not sell a smoking product to a retailer unless the retailer holds a retail licence. Maximum penalty—1,000 penalty units. For subsection (1) , a licensee sells a smoking product if— the licensee sells the product; or an employee of the licensee sells the product in the course of the employee’s employment. It is a defence to a charge under subsection (1) for the licensee to prove that— an employee sold the smoking product to the retailer; and before the employee sold the smoking product, the licensee had taken prevention measures in relation to the employee. This section also applies to a licensee for a retail licence to which a limited wholesale condition applies as if a reference to a wholesale licence were a reference to the retail licence. In this section— prevention measures see section 63 . s 51 ins 2023 No. 16 s 7 (sec.51-ssec.1) The licensee for a wholesale licence must not sell a smoking product to a retailer unless the retailer holds a retail licence. Maximum penalty—1,000 penalty units. (sec.51-ssec.2) For subsection (1) , a licensee sells a smoking product if— the licensee sells the product; or an employee of the licensee sells the product in the course of the employee’s employment. (sec.51-ssec.3) It is a defence to a charge under subsection (1) for the licensee to prove that— an employee sold the smoking product to the retailer; and before the employee sold the smoking product, the licensee had taken prevention measures in relation to the employee. (sec.51-ssec.4) This section also applies to a licensee for a retail licence to which a limited wholesale condition applies as if a reference to a wholesale licence were a reference to the retail licence. (sec.51-ssec.5) In this section— prevention measures see section 63 .
- (a) the licensee sells the product; or
- (b) an employee of the licensee sells the product in the course of the employee’s employment.
- (a) an employee sold the smoking product to the retailer; and
- (b) before the employee sold the smoking product, the licensee had taken prevention measures in relation to the employee.