Queensland Consolidated Acts

TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 - SECT 51

51 Wholesale to only be made to licensed retailers

(1) The licensee for a wholesale licence must not sell a smoking product to a retailer unless the retailer holds a retail licence.

Penalty—

Maximum penalty—1,000 penalty units.

(2) For subsection (1) , a licensee sells a smoking product if—

(a) the licensee sells the product; or

(b) an employee of the licensee sells the product in the course of the employee’s employment.

(3) It is a defence to a charge under subsection (1) for the licensee to prove that—

(a) an employee sold the smoking product to the retailer; and

(b) before the employee sold the smoking product, the licensee had taken prevention measures in relation to the employee.

(4) This section also applies to a licensee for a retail licence to which a limited wholesale condition applies as if a reference to a wholesale licence were a reference to the retail licence.

(5) In this section—

"prevention measures" see section 63 .