Document ID: chunk:federal_register_of_legislation:C2024C00632:section:41qb:p1
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 41QB (pt 1/4)
Character Range: 888916–891621

41QB  Offences and civil penalty provision—supplying vaping goods

Offences
 (1) A person commits an offence if the person supplies vaping goods in Australia.
Penalty: Imprisonment for 7 years or 5,000 penalty units, or both.
Note: For the liability of an executive officer of a body corporate, see sections 54B and 54BA.
 (2) A person commits an offence of strict liability if the person supplies vaping goods in Australia.
Penalty: 200 penalty units.

Civil penalty provision
 (3) A person contravenes this subsection if the person supplies vaping goods in Australia.
Maximum civil penalty:
 (a) for an individual—7,000 penalty units; and
 (b) for a body corporate—70,000 penalty units.
 (4) A person who contravenes subsection (3) commits a separate contravention of that subsection in respect of each unit of vaping goods supplied by the person in Australia.
Note: For unit of vaping goods, see subsection 3(1).

Exceptions—general
 (5) Subsections (1) to (4) do not apply if:
 (a) subsections (6), (7) and (8) apply in relation to the supply of the vaping goods by the person; or
 (b) subsections (9), (10) and (11) apply in relation to the supply of the vaping goods by the person.
Note: The person bears an evidential burden in relation to the matters in subsections (6), (7) and (8) or subsections (9), (10) and (11): see subsection 13.3(3) of the Criminal Code and section 41QE of this Act.

Exceptions—wholesale supply chain
 (6) This subsection applies in relation to the supply 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, that the supply of the goods be stopped or should cease because the Secretary is satisfied that the supply of the goods compromises public health and safety or the goods do not conform with a standard applicable to the goods; or
 (c) the vaping goods are covered by a determination made by the Minister under section 41R.
 (7) This subsection applies in relation to the supply of the vaping goods by the person if:
 (a) the person:
 (i) is the holder of a licence and a permission, granted under regulations made for the purposes of section 50 of the Customs Act 1901, to import the vaping goods; or
 (ii) is otherwise approved under those regulations