Document ID: chunk:federal_register_of_legislation:C2024A00050:clause:1_42dze
Version: federal_register_of_legislation:C2024A00050
Segment Type: clause
Provision Reference: sch 1 cl 42DZE
Character Range: 51103–52457

42DZE  Civil penalty—no authorisation or conditions of authorisation not complied with
 (1) A person contravenes this subsection if:
 (a) the person:
 (i) advertises, by any means, vaping goods; or
 (ii) causes the advertising, by any means, of vaping goods; and
 (b) either:
 (i) no authorisation under section 42DZC is in force in relation to the advertising; or
 (ii) an authorisation under section 42DZC is in force in relation to the advertising, but the advertising does not include representations or information as specified in the authorisation, or the advertising is not otherwise in accordance with the authorisation, or the advertising does not comply with a condition to which the authorisation is subject.
Maximum civil penalty:
 (a) for an individual—7,000 penalty units; and
 (b) for a body corporate—70,000 penalty units.

Continuing contraventions
 (2) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day during which the contravention continues (including the day the order under subsection 42Y(2) is made or any later day).
 (3) The maximum civil penalty for each day that a contravention against subsection (1) continues is 10% of the maximum civil penalty that can be imposed in respect of the contravention.

Division 4—Secretary may require information or documents