Commonwealth Numbered Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 (NO. 118, 2023) - SECT 17

                   For the purposes of this Act, unless the contrary is proved, a tobacco product is presumed to be offered for retail sale if:

                     (a)  an amount of the tobacco product is on physical premises (whether or not open to the public) from which regulated tobacco items are:

                              (i)  sold by way of retail sale; or

                             (ii)  supplied to fulfil a retail sale; and

                     (b)  the amount exceeds the amount (if any) prescribed by regulations made for the purposes of this paragraph.

Note:          A defendant bears a legal burden in relation to proving the contrary (see section 13.4 of the Criminal Code ).