Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_117g
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 117G
Character Range: 61487–62394

117G  Unlawfully selling tobacco seed or plant

 (1) A person must not intentionally sell material that is tobacco seed or tobacco plant to another person who is not a licensed producer, licensed dealer or licensed manufacturer knowing, or being reckless as to whether, the material is tobacco seed or tobacco plant and:
 (a) knowing the other person is not a licensed producer, licensed dealer or licensed manufacturer; or
 (b) being reckless as to whether the other person is a licensed producer, licensed dealer or licensed manufacturer.

Penalty: 2 years imprisonment or 500 penalty units.

Note: See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.

 (2) A person must not sell tobacco seed or tobacco plant to a person who is not a licensed producer, licensed dealer or licensed manufacturer.

Penalty: 100 penalty units.

 (3) Strict liability applies to subsection (2).