45Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation

#### 45 Manufacturing non‑compliant retail packaging of tobacco products that bears identifying mark of a constitutional corporation (1) A person contravenes this subsection if: (a) the person (the manufacturer) manufactures any of the following retail packaging of tobacco products: (i) a container for retail sale; (ii) a container for retail sale that contains or will contain smaller containers; (iii) a plastic or other wrapper that covers or will cover a container or containers for retail sale; (iv) a plastic or other wrapper that covers or will cover a tobacco product that is 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) a tobacco product is packaged for retail sale in the retail packaging by a person other than the manufacturer; and (d) 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 packaging is retail packaging; 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).