(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; and
(b) the product 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 .
(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.
Strict liability offence
(3) 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
(4) 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).