Victorian Numbered Acts

TOBACCO (AMENDMENT) ACT 2005 (NO 45 OF 2005) - SECT 12

    (1)     For the penalty at the foot of section 7(1) of the Tobacco Act 1987 substitute—

"Penalty:     60 penalty units.".

    (2)     After section 7(3) of the Tobacco Act 1987 insert —

    "(4)     For the avoidance of doubt, sub-section (1) applies to a tobacco company that, or a person carrying on a tobacco wholesaling business who, does anything referred to in paragraph (a) or (b) of that sub-section in connection with the sale of a tobacco product or for the purposes of promoting the sale of a tobacco product.

    (5)     A tobacco company is guilty of an offence against this sub-section, and liable to a penalty not exceeding 5000 penalty units, if the tobacco company intentionally or recklessly—

        (a)     contravenes sub-section (1); or

        (b)     causes another person to contravene sub-section (1).

    (6)     An offence against sub-section (5) is an indictable offence.".