Document ID: chunk:federal_register_of_legislation:C2025C00142:section:128
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 128
Character Range: 174151–176445

128  Possessing permanently banned tobacco products
 (1) A person contravenes this subsection if:
 (a) the person possesses a tobacco product; and
 (b) at the time of possession, the tobacco product is permanently banned under this Act; and
 (c) any of the following apply:
 (i) the person is a constitutional corporation;
 (ii) the person is a body corporate that is incorporated in a Territory;
 (iii) the person possesses the tobacco product in or for the purposes of constitutional trade or commerce;
 (iv) the person possesses the tobacco product in a Territory.
Note: The physical elements of offences against subsections (4) and (6) are set out in this subsection (see section 165).

Exception—possession for personal use
 (2) Subsection (1) does not apply if:
 (a) the person who possesses the tobacco product is an individual; and
 (b) the possession of the tobacco product is for personal use by the individual; and
 (c) the tobacco product was imported in compliance with another law of the Commonwealth.

Exception—sale or supply by way of export
 (3) Subsection (1) does not apply if:
 (a) the possession of the tobacco product is for the purpose of:
 (i) the sale or supply of; or
 (ii) an offer to sell or supply;
  the tobacco product by way of export; and
 (b) the sale or supply is not, or would not be, a retail sale.
Note: A defendant bears an evidential burden in relation to the matters in subsections (2) and (3) (see subsection 13.3(3) of the Criminal Code)

Fault‑based offence
 (4) A person commits an offence if the person contravenes subsection (1).
Penalty:
 (a) for an individual—2,000 penalty units; and
 (b) for a body corporate—20,000 penalty units.
 (5) For the purposes of subsection (4), strict liability applies to paragraphs (1)(b) and (c).

Strict liability offence
 (6) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
 (a) for an individual—60 penalty units; and
 (b) for a body corporate—600 penalty units.

Civil penalty provision
 (7) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
 (a) for an individual—2,000 penalty units; and
 (b) for a body corporate—20,000 penalty units.

Chapter 5—Reporting and information disclosure

Part 5.1—Introduction