Licensed producers to produce tobacco leaf etc. at licensed premises
31 Licensed producers to produce tobacco leaf etc. at licensed premises
A licensed producer must not intentionally produce material that is tobacco seed, tobacco plant or tobacco leaf at premises that are not covered by the producer licence knowing, or being reckless as to whether, the material is tobacco seed, tobacco plant or tobacco leaf and:
knowing the premises are not covered by the producer licence; or
being reckless as to whether the premises are covered by the producer licence.
Penalty:
for tobacco seed or tobacco plant—7 years imprisonment or 5,000 penalty units; and
for 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 licensed producer must not produce tobacco seed, tobacco plant or tobacco leaf at premises that are not covered by the producer licence.
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.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.