Tobacco and Other Smoking Products Act 1927

A person commits an offence if the person—

sells a smoking product to a person who is under 18 years old; and

is reckless about whether the person to whom the smoking product is sold is under 18 years old.

Maximum penalty: 200 penalty units.

It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that—

immediately before the smoking product was sold to the person, the defendant (or an employee or agent of the defendant) (the seller) asked the person to show the seller a document of identification; and

the person showed the seller a document of identification; and

the seller had no reasonable grounds for believing that the document was not a genuine document of identification of the person.

Note The defendant has a legal burden in relation to the matters mentioned in s (2) (see Criminal Code, s 59).

A person commits an offence if the person uses someone else’s document of identification, or a forged document of identification, for the purpose of obtaining a smoking product.

Maximum penalty: 10 penalty units.

A person may refuse to sell a smoking product to someone else, or to permit someone else to obtain a smoking product, if—

the person is not satisfied that the other person is at least 18 years old; or

the person considers that the product is sought for use by a person under 18 years old; or

the person considers that any identification shown by the other person is not genuine, or has been tampered with.

Subsection (4) does not limit the circumstances in which a person may refuse to sell a smoking product, or refuse to permit someone else to obtain a smoking product.

In this section:

document of identification, of a person, means—

a document that—

is—

an Australian driver licence or foreign driver licence; or

a proof of identity card issued under the Liquor Act 2010, section 210 (Proof of identity cards), or a corresponding document issued under the law of a State; or

a passport; and

contains a photograph that could reasonably be taken to be the person; and

indicates that the person to whom the document was issued is at least 18 years old; or

any other document prescribed by regulation.

Note A document may be in electronic form (see Legislation Act, dict, pt 1, def document).

foreign driver licence means a licence to drive a motor vehicle (however described) issued under the law of an external Territory or a foreign country.