sec.68Supplier must ensure child employees do not supply or handle smoking products

sec.68 Supplier must ensure child employees do not supply or handle smoking products

A supplier must ensure a child employee of the supplier does not— supply a smoking product to a person in the course of the child’s employment; or handle a smoking product in the course of the child’s employment. Maximum penalty— for a first offence—140 penalty units; or for a second offence—280 penalty units; or for a third or later offence—420 penalty units. See section 241 for the application of this section to a small business. Subsection (1) does not apply to the supply or handling of a smoking product if— the supplier is a pharmacist; and the smoking product is a regulated substance; and the supplier only supplies the smoking product to persons under a prescription. Also, subsection (1) does not apply to the handling of a smoking product if the purpose of the handling is to— deliver smoking products to premises; or load smoking products into, or unload smoking products from, a vehicle; or warehouse smoking products. It is a defence to a charge under subsection (1) for the supplier to prove that, before the supply, the supplier took the prevention measures in relation to the child employee. In this section— child employee means an employee who is a child. s 68 ins 2023 No. 16 s 10 (sec.68-ssec.1) A supplier must ensure a child employee of the supplier does not— supply a smoking product to a person in the course of the child’s employment; or handle a smoking product in the course of the child’s employment. Maximum penalty— for a first offence—140 penalty units; or for a second offence—280 penalty units; or for a third or later offence—420 penalty units. See section 241 for the application of this section to a small business. (sec.68-ssec.2) Subsection (1) does not apply to the supply or handling of a smoking product if— the supplier is a pharmacist; and the smoking product is a regulated substance; and the supplier only supplies the smoking product to persons under a prescription. (sec.68-ssec.3) Also, subsection (1) does not apply to the handling of a smoking product if the purpose of the handling is to— deliver smoking products to premises; or load smoking products into, or unload smoking products from, a vehicle; or warehouse smoking products. (sec.68-ssec.4) It is a defence to a charge under subsection (1) for the supplier to prove that, before the supply, the supplier took the prevention measures in relation to the child employee. (sec.68-ssec.5) In this section— child employee means an employee who is a child.

• (a) supply a smoking product to a person in the course of the child’s employment; or
• (b) handle a smoking product in the course of the child’s employment.
• (a) for a first offence—140 penalty units; or
• (b) for a second offence—280 penalty units; or
• (c) for a third or later offence—420 penalty units.