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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 30

Simplified outline

                   The following is a simplified outline of this Chapter:

•       A person must not:

       (a)     supply or purchase tobacco products in retail packaging that does not comply with the requirements of this Act; nor

      (b)     be involved in the packaging of tobacco products for retail sale if the packaging does not comply with those requirements; nor

       (c)     supply, purchase or manufacture tobacco products that do not comply with those requirements; nor

      (d)     supply tobacco products that are not packaged for retail sale without certain contractual prohibitions.

•       A person who does so:

       (a)     may commit a fault-based offence (that is, an offence where fault elements apply to the physical elements of the offence); and

      (b)     may also commit a strict liability offence (that is, an offence where no fault elements apply to the physical elements of the offence); and

       (c)     may also contravene a civil penalty provision.

•       It is up to the Commonwealth to decide whether to prosecute a person for one of the offences or bring proceedings in relation to the contravention of the civil penalty provision. (Division 3 of Part 4 of the Regulatory Powers Act has rules about bringing civil proceedings and criminal proceedings.)

•       Part 3 of this Chapter contains specific offences and civil penalty provisions in relation to constitutional corporations (for example, supplying non-compliant tobacco products to constitutional corporations).

•       Part 4 of this Chapter creates an exception to some of the offences and civil penalty provisions in this Chapter for non-compliant tobacco products that are for export. That Part also clarifies what the physical elements of offences are in this Chapter.



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