Commonwealth Numbered Acts Commonwealth Numbered Acts(1) A person contravenes this subsection if:
(a) the person (the manufacturer ) manufactures a tobacco product; and
(b) the manufacturer enters into a contract or arrangement, or arrives at an understanding, for another person to package the tobacco product for retail sale; and
(c) the tobacco product is packaged for retail sale by the other person; and
(d) the retail packaging does not comply with a tobacco product requirement.
(2) Subsection (1) does not apply if the manufacturer took all reasonable steps to ensure that the retail packaging complied with the tobacco product requirements.
Note: There is another exception to subsection (1) in section 49 (non-compliant tobacco products for export).
Fault-based offence
(3) A person commits an offence if the person contravenes subsection (1).
Penalty: 2,000 penalty units.
Note 1: See section 50 in relation to the physical elements of the offence.
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
Strict liability offence
(4) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 60 penalty units.
Note 1: For offences of strict liability, see subsection 6.1(1) of the Criminal Code .
Note 2: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).
(5) 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 98).
(6) A person who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matter in that subsection.