Document ID: chunk:federal_register_of_legislation:C2025C00142:section:94
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 94
Character Range: 117121–119253

94  Selling or supplying tobacco products in non‑compliant retail packaging
 (1) A person contravenes this subsection if:
 (a) the person:
 (i) sells a tobacco product; or
 (ii) offers a tobacco product for sale; or
 (iii) otherwise supplies (whether or not for consideration) a tobacco product; and
 (b) at the time the product is sold, offered for sale or supplied, the product is in retail packaging; and
 (c) the retail packaging does not comply with a tobacco product requirement.
Note 1: The physical elements of offences against subsections (3) and (5) are set out in this subsection (see section 165).
Note 2: See section 16 for an extended meaning of offer.

Exception—cigars sold or supplied to retailer for individual resale
 (2) Subsection (1) does not apply if:
 (a) the sale, offer or supply is in respect of multiple tobacco products that are cigars; and
 (b) the sale or supply is to another person (the retailer) who is ordinarily engaged in the business of selling tobacco products by way of retail sale in Australia; and
 (c) the person reasonably believes that the retailer intends to repackage each cigar individually for retail sale as a single cigar.
Note 1: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
Note 2: There is another exception to subsection (1) in section 120 (export exception).

Fault‑based offence
 (3) 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.
 (4) For the purposes of subsection (3), strict liability applies to paragraph (1)(b).

Strict liability offence
 (5) 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
 (6) 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.