South Australian Consolidated Acts South Australian Consolidated Acts38A—Sale or supply of tobacco products to children
(1) If a tobacco
product is sold or supplied to a child, the responsible person is guilty of an
offence, or if there is more than one responsible person, each responsible
person is guilty of an offence.
Maximum penalty: $5 000.
Expiation fee: $315.
(2) It is a defence to
a charge of an offence against subsection (1) that was allegedly
committed in the course of a business to prove that—
(a) the
proprietor of the business or some person acting on behalf of the proprietor
of the business required the minor to produce evidence of age of a kind
prescribed by regulation; and
(b) the
minor made a false statement, or produced false evidence, in response to that
requirement; and
(c) in
consequence the person who served or assisted the minor reasonably assumed
that the minor was of or above the age of 18 years.
(3) It is a defence to
a charge of an offence against subsection (1) that was allegedly
committed otherwise than in the course of a business to prove that the
defendant had reasonable cause to believe that the child was of or above the
age of 18 years.
(4) The defence under
subsection (2) or (3) applies to the exclusion of the general defence
under section 79.
(5) A person who sells
tobacco products by retail or who occupies premises in which a vending machine
that is designed to sell tobacco products is situated must display a notice in
the prescribed form setting out the effect of, and the penalty for, an offence
against subsection (1) in a manner and position that is likely to attract
the attention of his or her customers or of persons using the machine.
Maximum penalty: $750.
Expiation fee: $105.
(6) In this
section—
"responsible person", in relation to the sale or supply of a tobacco product
to a child, means—
(a) if
the product is sold or supplied in the course of a business otherwise than by
means of a vending machine—
(i)
the proprietor of the business; or
(ii)
a person who sells or supplies the product on behalf of
the proprietor; or
(b) if
the product is sold or supplied by means of a vending machine—
(i)
the proprietor of the business carried on in the premises
where the machine is situated; or
(ii)
a person who, on behalf of the proprietor, provides a
token to, or other assistance to, the child for the operation of the machine;
or
(c) if
the product is sold or supplied otherwise than in the course of a
business—the person who sells or supplies the product.