Document ID: chunk:federal_register_of_legislation:C2024C00632:section:42dzl
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 42DZL
Character Range: 965630–967409

42DZL  Offences—contravening direction under section 42DZK
 (1) A person commits an offence if:
 (a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2) in relation to vaping goods; and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the direction or a condition of the direction; and
 (d) either:
 (i) the use of the vaping goods has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the vaping goods, if the vaping goods were used, would result in, or would be likely to result in, harm or injury to any person; and
 (e) the harm or injury has resulted, will result, is likely to result, would result, or would be likely to result, because of the contravention.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
Note 1: A jury may acquit a person of an offence against this subsection and may convict the person of an offence against subsection (2) instead: see section 53A.
Note 2: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) A person commits an offence if:
 (a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2); and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the direction or a condition of the direction.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (3) A person commits an offence of strict liability if:
 (a) the Secretary has given a direction to the person under subsection 42DZK(1) or (2); and
 (b) the person does an act or omits to do an act; and
 (c) the act or omission contravenes the direction or a condition of the direction.
Penalty: 100 penalty units.