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TOBACCO PLAIN PACKAGING ACT 2011 - SECT 49

Export e xception for non - compliant tobacco products

    Subsection   ( 1) of any of s ection s   31 to 48 (other than section   36 or 46 ) do es not apply if:

  (a)   a person (the relevant person ) :

  (i)   engages in the conduct to which that sub section applies in re lation 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 ).


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