Document ID: chunk:federal_register_of_legislation:C2004A00707:clause:1_117c
Version: federal_register_of_legislation:C2004A00707
Segment Type: clause
Provision Reference: sch 1 cl 117C
Character Range: 57584–58759

117C  Unlawful possession of tobacco seed, plant or leaf

 (1) A person (other than a licensed producer, licensed dealer or licensed manufacturer) must not, without permission, intentionally possess, or have custody or control of, material that is tobacco seed, tobacco plant or tobacco leaf knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.

Penalty:
 (a) for tobacco seed or tobacco plant—2 years imprisonment or 500 penalty units; and
 (b) for tobacco leaf—2 years imprisonment or the greater of:
 (i) 500 penalty units; and
 (ii) 5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.

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

 (2) A person (other than a licensed producer, licensed dealer or licensed manufacturer) must not, without permission, possess, or have custody or control of, tobacco seed, tobacco plant or tobacco leaf.

Penalty: 100 penalty units.

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