35Manufacturing tobacco products that are packaged in non‑compliant retail packaging

#### 35 Manufacturing tobacco products that are packaged in non‑compliant retail packaging (1) A person contravenes this subsection if: (a) the person (the manufacturer) manufactures a tobacco product; and (b) the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and (c) the tobacco product is packaged for retail sale by the other person; and (d) the retail packaging does not comply with a tobacco product requirement. (2) Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements. > Note: There is another exception to subsection (1) in section 49 (non‑compliant tobacco products for export). Fault‑based offence (3) A person commits an offence if the person contravenes subsection (1). Penalty: 2,000 penalty units. > Note 1: See section 50 in relation to the physical elements of the offence. > Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (1). Penalty: 60 penalty units. > Note 1: For offences of strict liability, see subsection 6.1(1) of the Criminal Code. > Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1). Civil penalty: 2,000 penalty units. > Note: It is not necessary to prove a person’s state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 94 of the Regulatory Powers Act).