Document ID: chunk:federal_register_of_legislation:C2025C00142:section:106
Version: federal_register_of_legislation:C2025C00142
Segment Type: section
Provision Reference: s 106
Character Range: 138440–139809

106  Retail sale of tobacco products without retail packaging to a constitutional corporation
 (1) A person contravenes this subsection if:
 (a) the person:
 (i) sells a tobacco product by way of retail sale; or
 (ii) offers a tobacco product for sale by way of retail sale;
  to another person; and
 (b) that other person is a constitutional corporation; and
 (c) at the time the product is sold or offered for sale, the product is not in retail packaging.
Note 1: The physical elements of offences against subsections (2) and (4) are set out in this subsection (see section 165).
Note 2: See section 16 for an extended meaning of offer.

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty:
 (a) for an individual—2,000 penalty units; and
 (b) for a body corporate—20,000 penalty units.
 (3) For the purposes of subsection (2), strict liability applies to paragraph (1)(b).

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

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