Western Australian Current Acts Western Australian Current Acts (1) In this section
—
receiver means —
(a) a
person to whom a tobacco product or smoking implement was sold, supplied or
delivered; or
(b) a
person on whose behalf a tobacco product or smoking implement was purchased;
or
(c) a
person who obtained a tobacco product from a vending machine,
as is relevant to the case;
relevant time means the time at which an offence
under section 6, 7, 8(1) or 9 is alleged to have been committed.
(2) If a person is
charged with an offence under section 6, 7, 8(1) or 9 it is a defence to prove
—
(a) that
at the relevant time the person charged had no reason to believe that the
receiver had not reached 18 years of age; and
(b) that
at the relevant time the receiver had reached 14 years of age; and
(c) that
at or before the relevant time the receiver had produced evidence that the
receiver had reached 18 years of age; and
(d) that
at the relevant time there was compliance with section 25(1) or (2), as is
relevant to the case.