Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41qd:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41QD (pt 1/3)
Character Range: 902948–905622

41QD  Offences and civil penalty provision—possessing less than commercial quantity of vaping goods

Offences
 (1) A person commits an offence if:
 (a) the person is a retailer in relation to retail premises in Australia; and
 (b) the person possesses a quantity of a kind of vaping goods at the retail premises; and
 (c) the quantity is less than the commercial quantity of that kind of vaping goods.
Penalty: Imprisonment for 12 months or 500 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 is a retailer in relation to retail premises in Australia; and
 (b) the person possesses a quantity of a kind of vaping goods at the retail premises; and
 (c) the quantity is less than the commercial quantity of that kind of vaping goods.
Penalty: 60 penalty units.

Civil penalty provision
 (4) A person contravenes this subsection if:
 (a) the person is a retailer in relation to retail premises in Australia; and
 (b) the person possesses a quantity of a kind of vaping goods at the retail premises; and
 (c) the quantity is less than the commercial quantity of that kind of vaping goods.
Maximum civil penalty:
 (a) for an individual—1,000 penalty units; and
 (b) for a body corporate—10,000 penalty units.
 (5) A person who contravenes subsection (4) in relation to a kind of vaping goods commits a separate contravention of that subsection in respect of each unit of the quantity of vaping goods of that kind possessed by the person at the retail premises in Australia.
Note: For unit of vaping goods, see subsection 3(1).

Exceptions—general
 (6) Subsections (1) to (5) do not apply if subsections (7) and (8) apply in relation to the possession of the vaping goods by the person.
Note: The person bears an evidential burden in relation to the matters in subsections (7) and (8): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.
 (7) This subsection applies in relation to the possession of the vaping goods by the person if:
 (a) the vaping goods are therapeutic goods that are entered on the Register; or
 (b) both of the following apply:
 (i) the vaping goods are therapeutic goods that are exempt goods under regulations made for the purposes of subsection 18(1) or an exempt device under regulations made for the purposes of subsection 41HA(1), and the sponsor has given the Secretary a notice in compliance with the exemption;
 (ii) the vaping goods are not the subject of a determination by the Secretary, published on the Department's website,