Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_41qa
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 41QA
Character Range: 17659–19735

41QA  Offences and civil penalty provision—manufacturing vaping goods in Australia

Offences
 (1) A person commits an offence if the person manufactures, or carries out a step in the manufacture of, vaping goods in Australia.
Penalty: Imprisonment for 7 years or 5,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) A person commits an offence of strict liability if the person manufactures, or carries out a step in the manufacture of, vaping goods in Australia.
Penalty: 200 penalty units.

Civil penalty provision
 (3) A person contravenes this subsection if the person manufactures, or carries out a step in the manufacture of, vaping goods in Australia.
Maximum civil penalty:
 (a) for an individual—7,000 penalty units; and
 (b) for a body corporate—70,000 penalty units.
 (4) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of the manufacture, or the carrying out of the step in the manufacture, by the person of each unit of vaping goods.
Note: For unit of vaping goods, see subsection 3(1).

Exceptions
 (5) Subsections (1) to (4) do not apply if:
 (a) the vaping goods are therapeutic goods; and
 (b) one of the following subparagraphs applies:
 (i) the person is the holder of a licence in force under Part 3‑3 that authorises the manufacture of the vaping goods, or the carrying out of the step in the manufacture of the vaping goods, at the manufacturing site where the manufacture, or the step, is carried out;
 (ii) the person is the holder of a conformity assessment document that applies to the vaping goods;
 (iii) the Secretary has given the person a consent under subsection 41RC(1) to manufacture the vaping goods, or carry out the step in the manufacture of the vaping goods, and the manufacture, or the step, is carried out in accordance with the consent.
Note: The person bears an evidential burden in relation to the matter in subsection (5): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.