49Export exception for non‑compliant tobacco products

49 Export exception for non‑compliant tobacco products

Subsection (1) of any of sections 31 to 48 (other than section 36 or 46) does not apply if: (a) a person (the relevant person): (i) engages in the conduct to which that subsection applies in relation to a tobacco product; or (ii) manufactures retail packaging, and a tobacco product is packaged for retail sale in the retail packaging by another person; and (b) a contract or arrangement has been entered into, or an understanding has been arrived at, for the tobacco product to be exported (whether or not the relevant person is a party to that contract, arrangement or understanding); and (c) the relevant person engages in that conduct, or manufactures that retail packaging, in the course of, or for the purposes of, the tobacco product being exported; and (d) if the relevant person supplies or purchases the tobacco product, or offers to supply the tobacco product: (i) the supply is not a retail sale; or (ii) the relevant person does not purchase the product in the course of a retail sale; or (iii) the relevant person does not offer the product for retail sale; (as the case requires).

Note: A defendant bears an evidential burden in relation to the matters in subsection (1) (see subsection 13.3(3) of the Criminal Code).