Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41qc:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41QC (pt 1/3)
Character Range: 896240–898962

41QC  Offences and civil penalty provision—possessing at least commercial quantity of vaping goods

Offences—possessing at least commercial quantity but less than 100 times commercial quantity
 (1) A person commits an offence if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of that kind of vaping goods.
Penalty: Imprisonment for 2 years or 1,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) Absolute liability applies to paragraph (1)(b).
 (3) A person commits an offence of strict liability if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is at least the commercial quantity, but less than 100 times the commercial quantity, of that kind of vaping goods.
Penalty: 120 penalty units.

Offences—possessing at least 100 times commercial quantity but less than 1,000 times commercial quantity
 (4) A person commits an offence if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of that kind of vaping goods.
Penalty: Imprisonment for 4 years or 3,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (5) Absolute liability applies to paragraph (4)(b).
 (6) A person commits an offence of strict liability if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is at least 100 times the commercial quantity, but less than 1,000 times the commercial quantity, of that kind of vaping goods.
Penalty: 240 penalty units.

Offences—possessing 1,000 times commercial quantity or more
 (7) A person commits an offence if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is 1,000 times the commercial quantity, or more, of that kind of vaping goods.
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.
 (8) Absolute liability applies to paragraph (7)(b).
 (9) A person commits an offence of strict liability if:
 (a) the person possesses a quantity of a kind of vaping goods in Australia; and
 (b) the quantity is 1,000 times the commercial quantity, or more, of that kind of vaping goods.
Penalty: 420 penalty units.

Civil penalty provision
 (10) A person contravenes this subsection if:
 (a) the person possesses a quantity