44Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation

44 Packaging tobacco products in non‑compliant retail packaging bearing identifying mark of a constitutional corporation

(1) A person contravenes this subsection if: (a) the person packages a tobacco product for retail sale; and (b) the trade mark, brand, business or company name, or other identifying mark, of a constitutional corporation appears on the retail packaging; and (c) the retail packaging does not comply with a tobacco product requirement.

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

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: (a) the element of the offence that the tobacco product is packaged for retail sale; and (b) paragraph (1)(b).

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).