Document ID: chunk:federal_register_of_legislation:C2025C00142:section:42:p2
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 42 (pt 2/2)
Character Range: 67036–68348

A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty:
 (a) for an individual—60 penalty units; and
 (b) for a body corporate—600 penalty units.

Civil penalty provision
 (8) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty:
 (a) for an individual—2,000 penalty units; and
 (b) for a body corporate—20,000 penalty units.

Defence for individual publication
 (9) It is a defence in a prosecution for an offence, or in proceedings for a civil penalty, for a contravention of subsection (1) or (2) if the defendant proves that:
 (a) the defendant published the material:
 (i) as an individual; and
 (ii) on the defendant's own initiative; and
 (b) the publication was not in the course of, or in any way associated with, the manufacture, importation, distribution or sale of e‑cigarette products by any person; and
 (c) the defendant did not receive any direct or indirect benefit (whether financial or not) from any person for publishing the material.
Note: A defendant bears a legal burden in relation to the matters in this subsection in a prosecution for an offence (see section 13.4 of the Criminal Code). The same applies in proceedings for a civil penalty.

Division 2—Meaning of e‑cigarette advertisement