Unlawfully moving tobacco leaf
117D Unlawfully moving tobacco leaf
A person must not, without permission under section 44, intentionally move material that is tobacco seed, tobacco plant or tobacco leaf from one place to another knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf.
Penalty:
if the material is tobacco seed or tobacco plant—7 years imprisonment or 5,000 penalty units; and
if the material is tobacco leaf—7 years imprisonment or the greater of:
5,000 penalty units; and
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.
See section 4AA of the Crimes Act 1914 for the current value of a penalty unit.
A person must not, without permission under section 44, move tobacco seed, tobacco plant or tobacco leaf from one place to another.
Penalty: 500 penalty units.
Strict liability applies to subsection (2).
This provision refers to the regulations (the regulations
). Made under this Act:
- Excise (Alcoholic Strength of Excisable Goods) Determination 2019 · Legislative Instrument · under s 65
- Excise (Prescribed Condensate Production Area) By-Law 2022 · Legislative Instrument · under s 165
- Excise (Spirit blending exemptions) Determination 2020 (No.1) · Legislative Instrument · under s 77FM(3)
2 more instruments made under this Act are listed on the Act’s overview.
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