Queensland Numbered Acts

TOBACCO AND OTHER SMOKING PRODUCTS AMENDMENT ACT 2023 - SECT 50

50 Insertion of new s 26ZQB

After section 26ZQA —
insert—

26ZQB Supply or possession of illicit tobacco

(1) A supplier must not supply illicit tobacco.

Penalty—

Maximum penalty—300 penalty units.

(2) A supplier must not store or otherwise be in possession of illicit tobacco at the premises where the supplier supplies smoking products.

Penalty—

Maximum penalty—140 penalty units.

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

(4) Subsection (3) does not apply if the quantity of illicit tobacco is a commercial quantity.

(5) In this section—

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

"health warning" means—

(a) a health warning under the Tobacco Plain Packaging Act 2011 (Cwlth) , section 4; or

(b) a similar warning prescribed by regulation.

"illicit tobacco" means a smoking product that does not comply with any of the following requirements—

(a) each plain packaging requirement;

(b) a requirement to include a health warning under a law of the Commonwealth prescribed by regulation;

(c) another requirement for the smoking product under a law of the Commonwealth prescribed by regulation.

"plain packaging requirement" means a tobacco product requirement under the Tobacco Plain Packaging Act 2011 (Cwlth) , section 4.