Victorian Numbered Acts Victorian Numbered Acts(1) For the penalty at the foot of section 12(2) of the Tobacco Act 1987 substitute —
"Penalty: 20 penalty units.".
(2) For section 12(3A) and (3B) of the Tobacco Act 1987 substitute —
'(3A) If a person (the "primary offender" ) commits an offence against sub-section (1), each manager of the primary offender (if any) also commits an offence against that sub-section.
(3B) Proceedings for an offence committed by a manager because of sub-section (3A) may be brought whether or not proceedings have been brought against the primary offender and whether or not the primary offender has been convicted.'.
(3) Section 12(3D) of the Tobacco Act 1987 is repealed .
(4) In section 12(4) of the Tobacco Act 1987 —
(a) paragraphs (a) and (b) are repealed ;
(b) for paragraph (d) substitute —
"(d) in the case of a prosecution against a manager for an offence against sub-section (1)—
(i) had no knowledge of the primary offence; and
(ii) had taken prevention measures in relation to the primary offender.".
(5) After section 12(4) of the Tobacco Act 1987 insert —
'(5) In this section—
"manager" of a primary offender, means—
(a) an employer of the primary offender; or
(b) a person who authorised the primary offender to sell tobacco products as the person's agent; or
(c) if the primary offence was committed in the course of carrying on a business—a person who owns, manages, controls, conducts or operates that business;
"prevention measures" by a manager in relation to a primary offender, means doing the following things at intervals not exceeding 6 months—
(a) instructing the primary offender—
(i) not to sell tobacco products to a person under the age of 18 years in any circumstances, even if the tobacco products are for, or claimed to be for, a person over that age; and
(ii) to sight an evidence of age document for a person before selling a tobacco product to the person; and
(b) warning the primary offender that if the primary offender sells tobacco products to a person under the age of 18 years in disregard of the instructions mentioned in paragraph (a), the primary offender commits an offence against this Act; and
(c) obtaining written acknowledgement by the primary offender that the primary offender received the instructions and warning mentioned in paragraphs (a) and (b);
"primary offence" means the offence committed by the primary offender;
"primary offender" has the meaning given in sub-section (3A).'.