30Simplified outline

#### 30 Simplified outline The following is a simplified outline of this Chapter: • A person must not: (a) supply or purchase tobacco products in retail packaging that does not comply with the requirements of this Act; nor (b) be involved in the packaging of tobacco products for retail sale if the packaging does not comply with those requirements; nor (c) supply, purchase or manufacture tobacco products that do not comply with those requirements; nor (d) supply tobacco products that are not packaged for retail sale without certain contractual prohibitions. • A person who does so: (a) may commit a fault‑based offence (that is, an offence where fault elements apply to the physical elements of the offence); and (b) may also commit a strict liability offence (that is, an offence where no fault elements apply to the physical elements of the offence); and (c) may also contravene a civil penalty provision. • It is up to the Commonwealth to decide whether to prosecute a person for one of the offences or bring proceedings in relation to the contravention of the civil penalty provision. (Division 3 of Part 4 of the Regulatory Powers Act has rules about bringing civil proceedings and criminal proceedings.) • Part 3 of this Chapter contains specific offences and civil penalty provisions in relation to constitutional corporations (for example, supplying non‑compliant tobacco products to constitutional corporations). • Part 4 of this Chapter creates an exception to some of the offences and civil penalty provisions in this Chapter for non‑compliant tobacco products that are for export. That Part also clarifies what the physical elements of offences are in this Chapter.