S 117H repealed by No 82 of 2018, s 3 and Sch 2 item 21, applicable on and after 25 August 2018. For application provision, see note under s
117C
.
S 177H formerly read:
117H(1)
A person must not intentionally sell material that is tobacco leaf to another person who is not a licensed dealer or licenssed manufacturer knowing, or being reckless as to whether, the material is tobacco leaf and:
(a)
knowing the other person is not a licensed dealer or licensed manufacturer; or
(b)
being reckless as to whether the other person is a licensed dealer or licensed manufacturer.
Penalty: 2 years imprisonment or the greater of:
(a) 500 penalty units; and
(b) 5 times the amount of duty, worked out under the regulations, being the duty that would be payable if the tobacco leaf had been manufactured into excisable goods and entered for home consumption on the penalty day.
Note: See section 4AA of the
Crimes Act 1914
for the current value of a penalty unit.
117H(2)
A person must not sell tobacco leaf to a person who is not a licensed dealer or licensed manufacturer.
Penalty: 100 penalty units.
117H(3)
Strict liability applies to subsection (2).
History
S 117H inserted by No 115 of 2000, s 3 and Sch 1 item 52, effective 7 September 2000.