Australian Capital Territory Numbered Acts

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TOBACCO AMENDMENT ACT 2008 (NO. 50 OF 2008) - SECT 10

Sections 19 to 22

substitute

19     Sale of cigarettes

    (1)     A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a quantity of less than 20.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if the person sells cigarettes (including cigarettes made from a herbal product) in a package designed—

        (a)     to hold less than 20 cigarettes; or

        (b)     to be, or be readily able to be, divided into portions each of which contains less than 20 cigarettes.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.

20     Display of smoking products

An occupier of a retail or wholesale outlet commits an offence if the occupier displays to customers at the outlet a smoking product within, or adjacent to, the outlet.

Maximum penalty: 50 penalty units.

21     Prohibited smoking products

    (1)     The Minister may declare that a smoking product is prohibited (a  prohibited smoking product ).

    (2)     The Minister must not make a declaration under subsection (1) unless satisfied that—

        (a)     the smoking product, or the smoke of the product, has a distinctive fruity, sweet or confectionary-like character; and

        (b)     the nature of the product, or the product's package or packaging, may be attractive to children.

    (3)     A declaration is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

22     Prohibition on sale of prohibited smoking product

    (1)     A person commits an offence if the person sells a prohibited smoking product.

Maximum penalty: 50 penalty units.

    (2)     In this section:

"prohibited smoking product"—see section 21 (1).



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