Queensland Numbered Acts

TOBACCO AND OTHER SMOKING PRODUCTS (VAPING) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 17

17 Replacement of s 161 (Supply or possession of illicit tobacco)

Section 161 —
omit, insert—

161 Supply or possession of illicit tobacco as part of business activities

(1) A person must not, as part of a business activity, supply illicit tobacco.

Penalty—

Maximum penalty—2,000 penalty units or 2 years imprisonment, or both.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1).

(2) A person must not, as part of a business activity, store or otherwise be in possession of illicit tobacco at—

(a) the premises where the business activity is conducted; or

(b) another premises, including, for example, a storage shed or vehicle, connected with the premises where the business activity is conducted.

Penalty—

Maximum penalty—1,000 penalty units or 1 year’s imprisonment, or both.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1).

(3) Subsections (1) and (2) do not apply to an act of the person that is done as an employee, or otherwise acting on behalf, of another person.

(4) It is a defence to a charge under subsection (2) for the person to prove that the illicit tobacco is for personal use by the person or an employee of the person.

(5) Subsection (4) does not apply if the quantity of illicit tobacco is a commercial quantity.

(6) In this section—

"commercial quantity" , for illicit tobacco, means more than the quantity prescribed by regulation for this definition.

161A Supply or possession of illicit nicotine products as part of business activities

(1) A person must not, as part of a business activity, supply an illicit nicotine product.

Penalty—

Maximum penalty—2,000 penalty units or 2 years imprisonment, or both.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1).

(2) A person must not, as part of a business activity, store or otherwise be in possession of an illicit nicotine product at—

(a) the premises where the business activity is conducted; or

(b) another premises, including, for example, a storage shed or vehicle, connected with the premises where the business activity is conducted.

Penalty—

Maximum penalty—1,000 penalty units or 1 year’s imprisonment, or both.

Note—

If a corporation commits an offence against this provision, an executive officer of the corporation may be taken to have committed an offence against section 230A(1).

(3) Subsections (1) and (2) do not apply to an act of the person that is done as an employee, or otherwise acting on behalf, of another person.

(4) Subsection (1) does not apply in relation to the supply of an illicit nicotine product if—

(a) the illicit nicotine product is vaping goods; and

(b) were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QB in relation to the supply of the illicit nicotine product, the person would be entitled to claim an exception in relation to the supply under that section.

(5) Subsection (2) does not apply in relation to the possession of an illicit nicotine product if—

(a) the illicit nicotine product is vaping goods; and

(b) were the person to be charged with an offence under the Therapeutic Goods Act 1989 (Cwlth) , section 41QC or 41QD in relation to the possession of the illicit nicotine product, the person would be entitled to claim an exception in relation to the possession under—

(i) section 41QC(12), (13) and (14); or

(ii) section 41QD(6), (7) and (8).

(6) It is a defence to a charge under subsection (2) for the person to prove that the illicit nicotine product is stored or possessed for personal use by the person or an employee of the person.

(7) However, if the illicit nicotine product is vaping goods, subsection (6) does not apply if the quantity of vaping goods is more than the permitted quantity.

(8) In this section—

"permitted quantity" , for vaping goods, means the quantity prescribed by regulation for this definition.

161B Supply of illicit tobacco or illicit nicotine products by employees at retail outlets etc.

(1) This section applies in relation to the supply of illicit tobacco or an illicit nicotine product by a person—

(a) acting as the employee of another person (the
"principal" ); or

(b) otherwise acting on behalf of another person (also
"the principal" ).

(2) The person must not supply illicit tobacco or an illicit nicotine productat—

(a) a retail outlet; or

(b) premises at which an illicit nicotine product is available for sale by retail; or

(c) a wholesale outlet; or

(d) premises at which an illicit nicotine product is available for sale by wholesale.

Penalty—

Maximum penalty—140 penalty units.

(3) Subsection (2) does not apply to the supply of an illicit nicotine product if the principal would be entitled to claim the benefit of an exception in relation to the supply of the product under section 161A(4).

161C Supply of illicit nicotine products by other adults to children

(1) This section does not apply in relation to the supply of an illicit nicotine product—

(a) by a person acting as the employee of, or otherwise on behalf of, another person; or

(b) by another person as part of a business activity.

(2) An adult must not supply an illicit nicotine product to a child (the
"relevant person" ).

Penalty—

Maximum penalty—140 penalty units.

(3) It is a defence to a charge under subsection (2) for the defendant to prove that at the time of the offence the defendant honestly and reasonably believed that the relevant person was an adult.