40Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging

40 Selling or supplying tobacco products to a constitutional corporation in non‑compliant retail packaging

(1) A person contravenes this subsection if: (a) the person: (i) sells a tobacco product; or (ii) offers a tobacco product for sale; or (iii) otherwise supplies (whether or not for consideration) a tobacco product; to another person; and (b) that other person is a constitutional corporation; and (c) at the time the product is sold, offered for sale, or otherwise supplied, the product has been packaged for retail sale; and (d) the retail packaging does not comply with a tobacco product requirement.

Note 1: There is an exception to this subsection in section 49 (non‑compliant tobacco products for export).

Note 2: See subsection 4(2) for an extended meaning of offer.

Fault‑based offence (2) A person commits an offence if the person contravenes subsection (1).

Penalty: 2,000 penalty units.

Note: See section 50 in relation to the physical elements of the offence.

(3) For the purposes of subsection (2), strict liability applies to paragraphs (1)(b) and (c).

Note: For strict liability in relation to a physical element of an offence, see subsection 6.1(2) 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: For offences of strict liability, see subsection 6.1(1) 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).