South Australia: Tobacco and E-Cigarette Products Act 1997 (SA)

South Australia Tobacco and E-Cigarette Products Act 1997 An Act to regulate tobacco products and e‑cigarette products, and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Objects of Act 4 Interpretation 5 Definition of e‑cigarette product and related terms 5A Provisions governing whether person is fit and proper Part 2—Licences 6 Requirement for licence 7 Licences 8 Application for licence to be given to Commissioner of Police 9 Conditions of licence 10 How licences are to be held 11 Annual fee and return 12 Notification of certain changes in holder of licence 13 Surrender of licence Part 3—Offences Division 1—Offences relating to tobacco products 30 Restrictions on sale of tobacco products 31 Requirements for packaging tobacco products 32 Prohibition on sale or supply of certain tobacco products 33 Possession of certain tobacco products 34A Prohibited tobacco products 35 Sale of sucking tobacco 36 Products designed to resemble tobacco products 37 Sale of tobacco products by vending machine 38 Carrying tray etc of tobacco products for making of successive retail sales Division 2—Offences relating to e‑cigarette products 39A Offence relating to sale or supply of e‑cigarette products 39B Offence relating to possession of e‑cigarette products Division 3—Prohibited products 39C Prohibited products Division 4—Offences relating to children 39D Sale or supply of tobacco products by children 39E Sale or supply of certain products to children Division 5—Offences relating to promotion of tobacco products and e‑cigarette products 40 Certain advertising prohibited 41 Prohibition of certain sponsorships 42 Competitions and reward schemes etc 43 Free samples 45 Business promotions to attract smokers Part 4—Restrictions on smoking 46 Smoking banned in enclosed public places, workplaces and shared areas 48 Smoking in motor vehicle if child present 49 Smoking banned in certain public transport areas 50 Smoking banned near certain playground equipment 51 Smoking banned in certain public areas—short term bans 52 Smoking banned in certain public areas—longer term bans Part 5—Investigations 63 Appointment of authorised officers 64 Identification of authorised officers 65 Power to require information or records or attendance for examination 66 Powers of authorised officers 66A Compliance direction 66B Embargo notices 67 Offence to hinder etc authorised officers 68 Self-incrimination 69 Powers in relation to seized records or things Part 6—Controlled purchase operations 69A Interpretation 69B Controlled purchase officer 69C Controlled purchase operation Part 6AA—Closure orders 69CA Interpretation 69CB Interim closure order 69CC Long term closure order 69CD Tobacco or e‑cigarette products not to be sold or supplied at closed premises Part 6A—Disciplinary action against holder of licence 69D Cause for disciplinary action 69E Compliance notice 69F Default notice 69G Disciplinary action 69H Effect of criminal proceedings Part 6B—Review 69I Review by Minister 69J Review by SACAT Part 7—Miscellaneous 70A Confiscation of products from children 70AB Power to require evidence of age 71 Exemptions 72 Delegation 73 Register 75 False or misleading information 76 Minister may require verification of information 76A Enforceable voluntary undertakings 77 Criminal intelligence 78 Disclosure of information 79 General defence 81 Vicarious liability 82 Prosecutions 82A Court may make certain orders 83 Expiation notices may be given to certain children 85 Evidence 86 Imputation of conduct or state of mind of officer, employee etc 86A Immunity 86B Exclusion of compensation 87 Regulations and fee notices Schedule 1—Controlled purchase operations—prescribed provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Tobacco and E-Cigarette Products Act 1997. 3—Objects of Act In recognition of the fact that the consumption of tobacco products impairs the health of the citizens of the State and places a substantial burden on the State's financial resources, and in recognition of the potential harm caused by smoking e‑cigarettes, the objects of this Act are— (b) to take steps to eliminate the uptake of smoking and to reduce the consumption of tobacco products and e‑cigarette products to the greatest extent possible, especially by young people— (i) by requiring health warnings to be displayed on tobacco products and e‑cigarette products and otherwise disseminating information about the harmful effects of such smoking or consumption; (ii) by prohibiting the supply of tobacco products and e‑cigarette products to children; (iii) by encouraging non-smokers, especially young people, not to start smoking and encouraging and assisting smokers to give up smoking; (iv) by prohibiting or limiting advertising, sponsorships and other practices designed to promote or publicise tobacco products and e‑cigarette products and their consumption; (v) by reducing the availability of tobacco products and e‑cigarette products; (c) to protect non-smokers from unwanted and unreasonable exposure to tobacco smoke and e‑cigarette vapour; (d) to ensure that the sale of tobacco products is conducted honestly and free from interference, criminal influence and exploitation. 4—Interpretation (1) In this Act, unless the contrary intention appears— act includes an omission; and to act has a corresponding meaning; advertise tobacco products or e‑cigarette products means take any action that is designed to publicise or promote such products, smoking, or the sale of such products, whether visual or auditory means are employed and whether such products are directly depicted or referred to or symbolism of some kind is employed, and includes take any action of a kind prescribed by regulation; authorised officer means an authorised officer under Part 5; body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth; child means a person under the age of 18 years; cigarette does not include an e‑cigarette; consume means— (a) in relation to a tobacco product— (i) smoke; or (ii) inhale (in the form of a powder); or (iii) chew or suck; or (iv) give away; or (b) in relation to an e‑cigarette—smoke; contract of service means— (a) a contract under which 1 person is employed by another; or (b) a training contract under the South Australian Skills Act 2008; or (c) a contract, arrangement or understanding under which a person receives on‑the‑job training from another; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or endanger a person's life or physical safety; e‑cigarette—see section 5; e‑cigarette advertisement includes any writing, still or moving picture, sign, symbol or other visual image or message designed to promote or publicise— (a) the purchase or use of an e‑cigarette product; or (b) a trademark or brand name, or part of a trademark or brand name, of an e‑cigarette product; e‑cigarette product—see section 5; employee means a person who is employed under a contract of service or who works under a contract of service; enclosed public place, workplace or shared area means— (a) an enclosed public place; or (b) an enclosed workplace; or (c) an enclosed shared area; label includes information that is enclosed in or attached to or is provided with a package containing tobacco products or e‑cigarette products but that does not comprise part of the package; licence means— (a) a retail licence; or (b) a wholesale licence; multi-unit premises means premises divided into parts that are in separate ownership or let or provided for separate occupation; officer, in relation to a body corporate, means— (a) a director of the body corporate; or (b) the chief executive officer of the body corporate; or (c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate, and includes, in relation to a contravention or alleged contravention of this Act by the body corporate, an employee of the body corporate with management responsibilities in respect of the matters to which the contravention or alleged contravention related; place includes a vehicle; premises means— (a) any land, building or structure; or (b) any vehicle; prescribed packaging requirements means— (a) the requirements for the retail packaging and appearance of tobacco products in the Public Health (Tobacco and Other Products) Act 2023 of the Commonwealth; and (c) any other requirements prescribed by the regulations; prohibited product—see section 39C; public area or public place means an area or place that the public, or a section of the public, is entitled to use or that is open to, or used by, the public or a section of the public (whether access is unrestricted or subject to payment of money, membership of a body or otherwise); purchase of tobacco products or e‑cigarette products includes receipt of such products in the course of a business (whether or not for valuable consideration); record includes any book, document or writing and any other source of information compiled, recorded or stored by computer or other process, or in any other manner or by any other means; residential premises means— (a) a house, home or residential unit, apartment or flat; or (b) a bedroom or living area let or provided for separate occupation (for example, accommodation in a motel, hotel, boarding house, hostel, nursing home or college or accommodation for employees); or (d) any other place of a kind prescribed by regulation; retail connotes a sale to a consumer; retail licence—see section 7; SACAT means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; sell includes supply in the course of a business (whether or not for valuable consideration) and offer or expose for sale or such supply, and sale has a corresponding meaning; shared area means an area in multi-unit premises the use of which is shared by persons from various parts of the premises that are in separate ownership or occupation; shisha tobacco means a fibrous plant product (whether or not comprised of or containing tobacco) that is designed for smoking in a shisha, hookah, water pipe or similar device; smoke means— (a) in relation to a tobacco product—smoke, hold or otherwise have control over, an ignited tobacco product; or (b) in relation to an e‑cigarette—inhale from, hold or otherwise have control over, an e‑cigarette that is in use; sponsorship includes a scholarship, prize, gift or other benefit; sucking tobacco means tobacco that has been prepared for sucking but not chewing; tobacco advertisement includes any writing, still or moving picture, sign, symbol or other visual image or message designed to promote or publicise— (a) the purchase or use of a tobacco product; or (b) a trademark or brand name, or part of a trademark or brand name, of a tobacco product; tobacco product means— (a) a cigarette; or (b) a cigar; or (c) cigarette or pipe tobacco; or (ca) shisha tobacco; or (d) tobacco prepared for chewing or sucking; or (e) snuff; or (f) any other product, of a kind prescribed by regulation, that is comprised of or contains tobacco; or (g) any product (other than an e‑cigarette product) that does not contain tobacco but is designed for smoking, and includes any packet, carton, shipper or other device in which any of the above is contained; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; vehicle includes any kind of aircraft or vessel; vending machine means a device from which a product can be obtained by the use of a payment card or the insertion of a coin, banknote or token; wholesale connotes a sale for the purpose of resale; wholesale licence—see section 7; workplace has the same meaning as in the Work Health and Safety Act 2012, but does not include— (a) a place occupied as residential premises; or (b) a place (other than a vehicle) where only a single self-employed person is working; or (c) a vehicle that is used for work purposes by only one person; or (d) any other place of a kind prescribed by regulation. (3) A place or area is enclosed if it is fully enclosed or is at least partially covered by a ceiling and has walls such that the total area of the ceiling and wall surfaces exceeds 70 per cent of the total notional ceiling and wall area. (4) For the purposes of subsection (3)— (a) ceiling includes any structure or device (whether fixed or movable) that prevents or impedes upward airflow, but does not include anything prescribed by regulation; (b) wall includes any structure or device (whether fixed or movable) that prevents or impedes lateral airflow, but does not include anything prescribed by regulation; (c) the total notional ceiling and wall area is the sum of— (i) what would be the total area of the wall surfaces if— (A) the walls were continuous, any gap in the walls being filled by a surface of the minimum area required for the purpose; and (B) the walls were of a uniform height equal to the lowest height of the ceiling; and (ii) what would be the floor area of the space within the walls if the walls were continuous as referred to in subparagraph (i). (5) For the purposes of this Act, a person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director of the body corporate; or (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or (iii) manages, or is to manage, the business of the body corporate to be carried out under a licence; or (iv) if the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (6) However— (a) a child who is a shareholder in a proprietary company, or a beneficiary under a trust, is not for that reason to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is the beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust. 5—Definition of e‑cigarette product and related terms (1) In this Act— e‑cigarette means— (a) a device (whether or not filled with a vaping substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or (b) a device to which paragraph (a) would apply if the device were not temporarily or permanently inoperable, incomplete, damaged or unfinished; e‑cigarette accessory means a cartridge, capsule, pod or other vessel— (a) that is for use in, or with, an e‑cigarette; and (b) whether or not the cartridge, capsule, pod or other vessel— (i) contains a vaping substance; or (ii) is designed or intended to be refilled; e‑cigarette product means any of the following: (a) an e‑cigarette; (b) an e‑cigarette accessory; (c) a vaping substance; (d) a product the presentation of which includes an express or implied representation that the product is of a kind referred to in paragraph (a), (b) or (c); (e) a product of a kind or class determined to be an e‑cigarette product under subsection (3); vaping substance means— (a) nicotine in solution in any concentration (including in a salt or base form); or (b) any liquid or other substance for use in, or with, an e‑cigarette, and includes a container (other than an e‑cigarette or an e‑cigarette accessory), or part of such a container, in which a liquid or other substance referred to in paragraph (a) or (b) is present. (2) For the purposes of paragraph (d) of the definition of e‑cigarette product in subsection (1)— (a) the presentation of the product includes matters in relation to— (i) the name of the product; and (ii) the labelling and packaging of the product; and (iii) any advertising or informational material associated with the use or supply of the product; and (b) a product is taken to be presented as being a particular kind of product even if the presentation— (i) is capable of being misleading or confusing as to the content or proper use or identification of the product; or (ii) suggests that the product has ingredients, components or characteristics that it does not have. (3) The Minister may, by notice in the Gazette, determine that, for the purposes of this Act, a specified product or a specified class of product— (a) is or is not an e‑cigarette product; or (b) when used, advertised, or presented for use or supply in a particular way, is or is not an e‑cigarette product. 5A—Provisions governing whether person is fit and proper (1) A person is not a fit and proper person for a particular purpose under this Act if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of an individual, the individual— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (2) A person is not a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) the person is— (i) a member of a prescribed organisation; or (ii) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (c) the person is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (3) In deciding whether a person is a fit and proper person for a particular purpose under this Act, the Minister must take into consideration— (a) the reputation, honesty and integrity (including the creditworthiness) of the person; and (b) the reputation, honesty and integrity of people with whom the person associates; and (c) if the person is a body corporate—whether the body corporate is being wound up or is under official management or in receivership; and (d) any other factor relevant to the particular purpose to which the decision relates, including any relevant offence of which the person has been convicted or found guilty. Note— A relevant factor might, for example, be that a person (or, if the person is a body corporate, a director of the body corporate) has been a director of a number of bodies corporate wound up for the benefit of creditors. (4) In this section— close associate—see subsection (5); domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not; prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition; related body corporate—bodies corporate are related for the purposes of this section if they are related within the meaning of the Corporations Act 2001 of the Commonwealth; spouse—a person is the spouse of another if they are legally married. (5) For the purposes of this section, 2 persons are close associates if— (a) 1 is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are related bodies corporate; or (e) 1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or (f) 1 is in a position to exercise control or significant influence over the conduct of the other. (6) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. Part 2—Licences 6—Requirement for licence (1) A person must not— (a) carry on the business of selling tobacco products by retail; or (b) hold themself out as carrying on such a business, unless the person holds a retail licence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) A person must not— (a) carry on the business of selling tobacco products by wholesale; or (b) hold themself out as carrying on such a business, unless the person holds a wholesale licence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. 7—Licences (1) The Minister may, on application by a person, issue or refuse to issue a licence under this Part which authorises the person, subject to this Act and the conditions of the licence, to sell tobacco products— (a) by retail (a retail licence); or (b) by wholesale (a wholesale licence). (2) An application for a licence must— (a) be made to the Minister in a manner and form determined by the Minister; and (b) contain the information required by the Minister; and (c) be accompanied by the prescribed fee. (3) The Minister must, before granting a licence, be satisfied that— (a) the applicant is a fit and proper person to hold the licence; and (b) if the applicant is a trust or corporate entity—that each person who occupies a position of authority in the trust or corporate entity is a fit and proper person to occupy such a position in an entity holding such a licence. 8—Application for licence to be given to Commissioner of Police (1) The Minister must, in relation to each application for a licence— (a) give the Commissioner of Police a copy of the application; or (b) notify the Commissioner of Police of the identity of the applicant or, if the applicant is a trust or corporate entity, the identity of each person who occupies a position of authority in the trust or corporate entity. (2) As soon as reasonably practicable following receipt of an application, or information in respect of an application, the Commissioner of Police— (a) must make available to the Minister such information about criminal convictions as the Commissioner of Police considers relevant to whether the application should be granted; and (b) may make available to the Minister such other information to which the Commissioner of Police has access and considers relevant to whether the application should be granted. 9—Conditions of licence (1) The Minister may impose a condition on a licence, or vary or revoke a condition of a licence— (a) on application by the holder of the licence; or (b) on the grant or suspension of a licence; or (c) on application by the Commissioner of Police; or (d) at any time on the Minister's own initiative. (2) Without limiting subsection (1), a condition of a licence may limit the sale of tobacco products, including by— (a) preventing the holder of the licence from selling such products except at a place or places specified in the condition; or (b) restricting the points of sale of such products within the place or places at which the holder of the licence may sell such products under the licence; or (c) restricting the manner and circumstances in which such products may be sold; or (d) restricting the wholesale of such products to persons unless the person holds a specified authorisation (whether under this or any other Act or law). (3) Before imposing, varying or revoking a condition under subsection (1)(c) or (d), the Minister must— (a) give notice in writing to the holder of the licence of the proposed imposition, variation or revocation of the condition; and (b) allow the holder of the licence a period of 28 days (or such longer period as the Minister may in any particular case allow) to show cause why the condition should not be imposed, varied or revoked. (4) It is a condition of a licence that the holder of the licence must— (a) keep and retain information relevant to the business carried out under the licence in accordance with the requirements of the regulations; and (b) provide such information to the Minister in the manner prescribed by the regulations— (i) at the prescribed times; or (ii) at any other time on the written request of the Minister. (5) The holder of a licence must not contravene a condition of the licence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. 10—How licences are to be held (1) A licence may be held jointly by 2 or more persons. (2) If a licence is held jointly by 2 or more persons, those persons are jointly and severally liable for any civil or criminal liability that attaches to the holder of the licence under this Act. (3) If the trustee of a trust holds a licence for the purposes of a business conducted by the trustee under a trust— (a) the name of the trust is to be specified in the licence; and (b) the trust is to be considered as an entity holding the licence jointly with the trustee. 11—Annual fee and return (1) The holder of a licence (including the holder of a licence that has been suspended) must, in each year, not later than the day fixed by the regulations— (a) pay to the Minister an annual fee; and (b) provide to the Minister an annual return in the manner and form, and containing the information, required by the Minister. (2) If the holder of a licence fails to pay the annual fee or provide the annual return in accordance with subsection (1), the Minister may, by notice in writing, require them to make good the default. (3) If the holder of the licence fails to comply with the notice within a time fixed by the notice (which may not be less than 28 days after service of the notice), the licence is cancelled. (4) The Minister must notify the holder of the licence in writing of the cancellation of the licence. 12—Notification of certain changes in holder of licence (1) The holder of a licence must, within 14 days after a change in any prescribed particulars, notify the Minister in writing of that change. Maximum penalty: $5 000. Expiation fee: $315. (2) If a person assumes, or ceases to occupy, a position of authority in a trust or corporate entity that holds a licence, the holder of the licence must, within 14 days of the person assuming or ceasing to occupy that position— (a) notify the Minister in writing of the name of the person who has assumed, or ceased to occupy, the position; and (b) in the case of a person who has assumed a position of authority in a trust or corporate entity—provide the Minister with any information required by the Minister for the purposes of determining whether the person meets the requirements of section 7(3). Maximum penalty: $5 000. Expiation fee: $315. (3) The Minister may give a copy of a notice received under subsection (2) to the Commissioner of Police. (4) As soon as reasonably practicable following receipt of a notice under subsection (3), the Commissioner of Police— (a) must make available to the Minister information about criminal convictions; and (b) may make available to the Minister other information to which the Commissioner of Police has access, relevant to whether the person identified in the notice is a fit and proper person to occupy a position of authority in a trust or corporate entity that holds a licence. (5) In this section— prescribed particulars means the following: (a) the business or trading name under which the holder of the licence carries on business; (b) any address for service or other email address, telephone number or street or postal address provided by the holder of the licence for purposes connected with the licence; (c) any other particulars prescribed by the regulations. 13—Surrender of licence The holder of a licence may, at any time by notice in writing to the Minister, surrender their licence, at which time the licence ceases to have effect. Part 3—Offences Division 1—Offences relating to tobacco products 30—Restrictions on sale of tobacco products (1) The following provisions apply in relation to the sale of tobacco products: (a) a person must not sell cigarettes— (i) singly or loose; or (ii) if the package enclosing the cigarettes— (A) contains, or is designed to contain, fewer than 20 cigarettes; or (B) is able, or is readily able, to be divided into portions containing fewer than 20 cigarettes each; (b) a person must not sell a tobacco product unless it is enclosed in a package that complies with the prescribed packaging requirements; (e) a person must not sell a tobacco product by retail if the order for the product has been placed by mail, telephone, fax, email, Internet or other electronic means. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (1a) In subsection (1)(b), a reference to a tobacco product enclosed in a package includes a tobacco product that is enclosed in 2 or more packages. 31—Requirements for packaging tobacco products A person must not package tobacco products for retail sale in a manner that the person knows or ought reasonably to know does not comply with the prescribed packaging requirements. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. 32—Prohibition on sale or supply of certain tobacco products A person must not sell or supply tobacco products that the person knows or ought reasonably to know— (a) are prohibited goods as defined in the Customs Act 1901 of the Commonwealth; or (b) are excisable goods as defined in the Excise Act 1901 of the Commonwealth on which excise duty has not been paid. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. 33—Possession of certain tobacco products (1) A person must not, without lawful excuse, have possession of prescribed tobacco products for the purpose of sale. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. (2) In this section— prescribed tobacco product means tobacco products that— (a) are prohibited goods within the meaning of the Customs Act 1901 of the Commonwealth; or (b) do not comply with the prescribed packaging requirements. (3) In proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a prescribed quantity of prescribed tobacco products, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the prescribed tobacco products for the purposes of sale. 34A—Prohibited tobacco products (1) The Minister may, by notice in the Gazette, declare that a class of tobacco products specified in the notice are prohibited tobacco products. (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that— (a) the tobacco products, or the smoke of the products, possesses a distinctive fruity, sweet or confectionary-like character; and (b) the nature of the products, or the way they are advertised, might encourage young people to smoke. (3) The Minister may, by further notice in the Gazette, vary or revoke a notice under this section. (4) A person must not sell a prohibited tobacco product. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. 35—Sale of sucking tobacco A person must not sell sucking tobacco. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. 36—Products designed to resemble tobacco products A person must not sell any product (other than a tobacco product or an e‑cigarette) that is designed to resemble a tobacco product. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. 37—Sale of tobacco products by vending machine A person must not sell cigarettes or any other tobacco product by means of a vending machine. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. 38—Carrying tray etc of tobacco products for making of successive retail sales (1) A person must not go amongst persons in premises carrying tobacco products in a tray or container or otherwise on their person for the purpose of making successive sales of such products by retail. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. (2) A person must not cause or permit another to engage in the practice referred to in subsection (1) in premises under the person's control. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. Division 2—Offences relating to e‑cigarette products 39A—Offence relating to sale or supply of e‑cigarette products (1) A person must not sell or supply an e‑cigarette product. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) Subsection (1) does not apply to a person who is authorised under any other Act or law to sell or supply e‑cigarette products. 39B—Offence relating to possession of e‑cigarette products (1) A person must not have possession of an e‑cigarette product for the purpose of sale. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. (2) Subsection (1) does not apply to a person in possession of an e‑cigarette product for the purpose of a sale that is authorised under any other Act or law. (3) In proceedings for an offence against subsection (1), if it is proved that the defendant had possession of a prescribed quantity of e‑cigarette products, it is presumed, in the absence of proof to the contrary, that the defendant had possession of the e‑cigarette products for the purposes of sale. Division 3—Prohibited products 39C—Prohibited products (1) The Minister may, by notice in the Gazette, declare that a product or a class of products specified in the notice is a prohibited product. (2) The Minister must not make a declaration under subsection (1) unless the Minister is satisfied that the product— (a) is presented or advertised in a manner that indicates that the product contains nicotine; or (b) may be used, or is presented or advertised, as an alternative to smoking. (3) A person must not sell or supply a prohibited product. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (4) A person must not have possession of a prohibited product for the purpose of sale. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Division 4—Offences relating to children 39D—Sale or supply of tobacco products by children (1) A person must not employ, authorise or allow a child to sell or supply a tobacco product other than in accordance with this section. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$315. (2) This section does not prevent the employment or authorisation of a child to sell or supply a tobacco product if the child is of or above the age of 16 years. 39E—Sale or supply of certain products to children (1) If a tobacco product is sold or supplied to a child, the responsible person is guilty of an offence, or if there is more than one responsible person, each responsible person is guilty of an offence. Maximum penalty: (a) in the case of a responsible person who is the proprietor of a business— (i) in the case of a body corporate— (A) for a first offence—$1 000 000; (B) for a second or subsequent offence—$1 500 000; (ii) in the case of an individual— (A) for a first offence—$500 000; (B) for a second or subsequent offence—$750 000; (b) in any other case— (i) in the case of a body corporate— (A) for a first offence—$750 000; (B) for a second or subsequent offence—$1 100 000; (ii) in the case of an individual— (A) for a first offence—$350 000; (B) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$30 000; (b) in the case of an individual—$10 000. (2) It is a defence to a charge of an offence against subsection (1) that was allegedly committed in the course of a business to prove that— (a) the proprietor of the business or some person acting on behalf of the proprietor of the business required the minor to produce evidence of age of a kind prescribed by regulation; and (b) the minor made a false statement, or produced false evidence, in response to that requirement; and (c) in consequence the person who served or assisted the minor reasonably assumed that the minor was of or above the age of 18 years. (3) It is a defence to a charge of an offence against subsection (1) that was allegedly committed otherwise than in the course of a business to prove that the defendant had reasonable cause to believe that the child was of or above the age of 18 years. (4) The defence under subsection (2) or (3) applies to the exclusion of the general defence under section 79. (5) A person who sells tobacco products by retail must display a notice in the prescribed form setting out the effect of, and the penalty for, an offence against subsection (1) in a manner and position that is likely to attract the attention of customers. Maximum penalty: $5 000. Expiation fee: $315. (5a) A person who sells or supplies an e‑cigarette product to a child is guilty of an offence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$1 000 000; (ii) for a second or subsequent offence—$1 500 000; (b) in the case of an individual— (i) for a first offence—$500 000; (ii) for a second or subsequent offence—$750 000. Expiation fee: (a) in the case of a body corporate—$30 000; (b) in the case of an individual—$10 000. (5b) A person who sells or supplies a prohibited product to a child is guilty of an offence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$1 000 000; (ii) for a second or subsequent offence—$1 500 000; (b) in the case of an individual— (i) for a first offence—$500 000; (ii) for a second or subsequent offence—$750 000. Expiation fee: (a) in the case of a body corporate—$30 000; (b) in the case of an individual—$10 000. (6) In this section— responsible person, in relation to the sale or supply of a tobacco product or e‑cigarette product to a child, means— (a) if the product is sold or supplied in the course of a business— (i) the proprietor of the business; or (ii) a person who sells or supplies the product on behalf of the proprietor; or (c) if the product is sold or supplied otherwise than in the course of a business—the person who sells or supplies the product. Division 5—Offences relating to promotion of tobacco products and e‑cigarette products 40—Certain advertising prohibited (1) A person must not advertise tobacco products or e‑cigarette products in the course of a business or for any direct or indirect pecuniary benefit. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) A person must not— (a) distribute to the public any unsolicited leaflet, handbill, or other document that constitutes a tobacco advertisement or e‑cigarette advertisement; or (b) sell any object that constitutes or contains a tobacco advertisement or e‑cigarette advertisement. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (3) This section does not apply in relation to— (a) the display, in accordance with the regulations, of signs outside premises where tobacco products are sold; or (b) the provision of assistance to customers or potential customers by sales assistants in premises where tobacco products or e‑cigarette products are sold; or (c) action of a kind prescribed by regulation; or (e) an invoice, statement, order, letterhead, business card, cheque, manual or other document ordinarily used in the course of business. 41—Prohibition of certain sponsorships (1) A person must not promote or publicise, or agree to promote or publicise— (a) a tobacco product or e‑cigarette product or a trademark or brand name, or part of a trademark or brand name, of a tobacco product or e‑cigarette product; or (b) the name or interests of a manufacturer or distributor of a tobacco product or e‑cigarette product in association directly or indirectly with that product, under a contract, or an arrangement (whether or not legally binding), under which a sponsorship is provided, or to be provided, by another person. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) A person must not provide, or agree to provide, a sponsorship under a contract or arrangement of a kind referred to in subsection (1). Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. 42—Competitions and reward schemes etc (1) A person must not, in connection with the sale of a tobacco product or e‑cigarette product, or for the purpose of promoting the sale of a tobacco product or e‑cigarette product— (a) provide or offer to provide— (i) a prize, gift or other benefit; or (ii) a stamp, coupon, token, voucher, ticket or other thing by virtue of which any person may become entitled to, or may qualify for a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or (iii) a number of points, or a similar device, by the accumulation of which a person may become entitled to, or qualify for, a prize, gift or other benefit (whether the entitlement or qualification is absolute or conditional); or (b) conduct a scheme declared by regulation to be a scheme to promote the sale of a tobacco product or e‑cigarette product or to promote smoking generally. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. Expiation fee: (a) in the case of a body corporate—$20 000; (b) in the case of an individual—$5 000. (2) It is a defence to a charge of an offence against subsection (1)(a) to prove that it was not practicable for the person to identify the particular item or items purchased that gave rise to the supply of the benefit or thing. 43—Free samples A person must not, for the purpose of inducing or promoting the sale of a tobacco product or e‑cigarette product, offer or give to a member of the public a free sample of such a product. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$750 000; (ii) for a second or subsequent offence—$1 100 000; (b) in the case of an individual— (i) for a first offence—$350 000; (ii) for a second or subsequent offence—$700 000. 45—Business promotions to attract smokers (1) A person must not display signs, or engage in a practice of any kind, designed to promote a business as welcoming or permitting smoking on its premises. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. Expiation fee: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$2 500. (2) This section does not apply in relation to the display of a sign, in accordance with the requirements of the regulations, that indicates an area where smoking is not prohibited. Part 4—Restrictions on smoking 46—Smoking banned in enclosed public places, workplaces and shared areas (1) Smoking is banned in an enclosed public place, workplace or shared area. (2) If a person smokes in contravention of subsection (1), the person is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (3) If smoking occurs in an enclosed public place in contravention of subsection (1), the occupier of the place is guilty of an offence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$25 000; (ii) for a second or subsequent offence—$50 000; (b) in the case of an individual— (i) for a first offence—$10 000; (ii) for a second or subsequent offence—$20 000. Expiation fee: $630. (4) If smoking occurs in an enclosed workplace in contravention of subsection (1), the employer with responsibility for the workplace under the Work Health and Safety Act 2012 is guilty of an offence. Maximum penalty: (a) in the case of a body corporate— (i) for a first offence—$25 000; (ii) for a second or subsequent offence—$50 000; (b) in the case of an individual— (i) for a first offence—$10 000; (ii) for a second or subsequent offence—$20 000. Expiation fee: $630. (5) It is a defence to an offence against subsection (3) or (4) if the defendant proves— (a) that he or she did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred; and (b) that— (i) he or she was not aware, and could not reasonably be expected to have been aware, that the contravention was occurring; or (ii) he or she requested the person smoking to stop smoking and informed the person that the person was committing an offence. 48—Smoking in motor vehicle if child present (1) A person must not smoke in a motor vehicle if a child is also present in the motor vehicle. Maximum penalty: $5 000. Expiation fee: $315. (2) In proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary. (3) In this section— child means a person under 16 years of age; motor vehicle has the same meaning as in the Motor Vehicles Act 1959. 49—Smoking banned in certain public transport areas (1) A person must not smoke in a prescribed public transport area. Maximum penalty: $5 000. Expiation fee: $315. (2) Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle. (3) For the purposes of this section, a person will be taken to be in a prescribed public transport area if any part of the person is within the prescribed public transport area. (4) In proceedings for an offence against this section, an allegation in the complaint that a specified place is a prescribed public transport area will be accepted as proved in the absence of proof to the contrary. (5) In this section— prescribed public transport area means— (a) any part of a bus stop, tram stop, railway station, taxi rank, airport or similar place that is— (i) a public area; and (ii) used or intended to be used, by passengers boarding or alighting from public transport; and (iii) wholly or partly covered by a roof; and (b) any public area within 5 m of a place described in paragraph (a); public transport includes— (a) a taxi service; and (b) a transport service provided by aircraft or vessel. 50—Smoking banned near certain playground equipment (1) A person in a public area must not smoke within 10 metres of any prescribed children's playground equipment. Maximum penalty: $5 000. Expiation fee: $315. (2) Without limiting any other provision of this Act, subsection (1) does not apply to a person smoking in a motor vehicle. (3) For the purposes of this section— (a) a person will be taken to be in a public area if any part of the person is within the public area; and (b) a person will be taken to be within 10 metres of prescribed children's playground equipment if any part of the person is within 10 metres of any part of the prescribed children's playground equipment. (4) In proceedings for an offence against this section, an allegation in the complaint that— (a) specified equipment is children's playground equipment; or (b) specified children's playground equipment is prescribed children's playground equipment, will be accepted as proved in the absence of proof to the contrary. (5) In this section— prescribed children's playground equipment means children's playground equipment (however described) that is located in a public area. 51—Smoking banned in certain public areas—short term bans (1) The Minister may, by notice in the Gazette, declare that smoking is banned in the public area or areas described, or shown on a map, in the notice and during a period not exceeding 90 days specified in the notice. (2) A notice under subsection (1)— (a) may be of general application or vary in its application in respect of each public area to which it applies; and (b) may exempt specified areas, specified circumstances or specified times from the operation of subsection (4); and (c) may be conditional or unconditional. (3) The Minister may, by subsequent notice in the Gazette, vary or revoke a notice under subsection (1). (4) A person who smokes in contravention of a notice under subsection (1) is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (5) The occupier of a public area to which a notice under subsection (1) applies must place signs in the area setting out the effect of the notice in the manner determined by the Minister by notice in the Gazette. Maximum penalty: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$5 000. Expiation fee: $630. (6) For the purposes of this section, a person will be taken to be in a particular area if any part of the person is within the area. 52—Smoking banned in certain public areas—longer term bans (1) The Governor may, by regulation, declare that smoking is banned in the public areas described, or shown on a map, in the regulations for the purposes of this section. (2) A person who smokes in a public area declared by the regulations to be a public area in which smoking is banned is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (3) A regulation made under this section— (a) may exempt specified areas, specified circumstances or specified times from the operation of subsection (2); and (b) may be conditional or unconditional. (4) The occupier of a public area to which a declaration under this section applies must indicate the effect of the declaration to persons within the area in the manner prescribed by the regulations. Maximum penalty: (a) in the case of a body corporate—$10 000; (b) in the case of an individual—$5 000. Expiation fee: $630. Part 5—Investigations 63—Appointment of authorised officers (1) The Minister may appoint persons to be authorised officers for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) The Minister, may at any time, revoke an appointment or vary, revoke or add a condition of an appointment. (4) All police officers are authorised officers for the purposes of this Act. 64—Identification of authorised officers (1) The Minister must provide each authorised officer (other than a police officer) with a certificate of identity. (2) An authorised officer (other than a police officer) must, at the request of a person in relation to whom the authorised officer has exercised, or intends to exercise, powers under the Act, produce their certificate of identity for the inspection of the person. 65—Power to require information or records or attendance for examination (1) The Minister may, for a purpose related to the administration or enforcement of this Act, by written notice served on a person, require the person— (a) to provide to the Minister (either orally or in writing) information that is described in the notice; or (b) to attend and give evidence before the Minister or an authorised officer; or (c) to produce to the Minister a record in the person's custody or control that is described in the notice. (2) The Minister may require that evidence be given under this section on oath. (3) If a person, without reasonable excuse, refuses or fails— (a) to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the Minister; or (b) to comply with any other requirement of the Minister as to the giving of evidence or the manner in which information or evidence is to be provided or given under this section, the person is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. 66—Powers of authorised officers (1) Subject to this Part, an authorised officer may— (a) enter and remain on premises and inspect the premises and any part of or thing in or on the premises as reasonably required in connection with the administration or enforcement of this Act; (b) with the authority of a warrant issued under this Part or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on premises; (c) require a person to produce any record as reasonably required in connection with the administration or enforcement of this Act; (d) examine, copy or take extracts from a record or require a person to provide a copy of a record, as reasonably required in connection with the administration or enforcement of this Act; (e) examine and test ventilation and air conditioning equipment in an enclosed area that is subject to smoking restrictions under this Act; (f) take photographs, films, audio, video or other recordings as reasonably required in connection with the administration or enforcement of this Act; (g) if the authorised officer suspects on reasonable grounds that an offence has been committed—seize and retain any record or thing that the officer believes— (i) affords evidence of the offence; or (ii) has been used in connection with the commission of the offence; (i) require a person who the authorised officer reasonably suspects has committed, is committing or is about to commit, an offence against this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; (j) require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; (k) require a person holding or claiming to hold a licence to produce it for inspection; (l) give directions reasonably required in connection with the exercise of a power conferred by this subsection or otherwise in connection with the administration and enforcement of this Act. (2) A magistrate may issue a warrant for the purposes of subsection (1) if satisfied that the warrant is reasonably required for the administration or enforcement of this Act. (3) In the exercise of powers under this Act an authorised officer may be assisted by such persons as he or she considers necessary in the circumstances. 66A—Compliance direction (1) An authorised officer may, by notice in writing, give a direction (a compliance direction) to a person for the purpose of securing compliance with a requirement under this Act or a licence (including a condition of a licence). (2) A compliance direction— (a) must— (i) specify the person to whom it is issued; and (ii) specify the grounds on which it is given; and (iii) allow a reasonable time for compliance with the direction as specified in the direction; and (b) may impose any requirement reasonably required for the purpose for which the direction is given, including 1 or more of the following: (i) a requirement that the person discontinue or not commence, a specified activity indefinitely or for a period specified in the direction; (ii) a requirement that the person take specified action within a specified period; (iii) a requirement that the person provide specified information to the authorised officer within a specified period. (3) A person issued with a compliance direction may apply to the Minister for a review of the direction within 28 days after receiving the direction or such longer period as the Minister may allow in a particular case. (4) Unless the Minister decides to the contrary, an application for review of a compliance direction does not suspend operation of the direction. (5) On review of a compliance direction, the Minister may— (a) confirm the direction (with or without modification); or (b) revoke the direction. (6) A person to whom a compliance direction is given must comply with the direction within the time allowed in the direction. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. 66B—Embargo notices (1) This section applies if— (a) an authorised officer is authorised to seize any record or thing under this Part; and (b) the record or thing cannot, or cannot readily, be physically seized and removed or stored. (2) An authorised officer may issue an embargo notice under this section. (3) An embargo notice is a notice forbidding the use, movement, sale, leasing, transfer, deletion of information from or other dealing with the record or thing, or any part of it, without the written consent of an authorised officer. (4) The embargo notice must— (a) contain the particulars required by the regulations; and (b) list the activities that it forbids; and (c) set out a copy of subsection (9). (5) On issuing an embargo notice, an authorised officer must— (a) cause a copy of the notice to be given to the owner of the record or thing; or (b) if that person cannot be located after all reasonable steps have been taken to do so—affix a copy of the notice to the record or thing in a prominent position. (6) A person must not knowingly do anything that is forbidden by an embargo notice. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (7) A person must not instruct or request another person to do anything that the first mentioned person knows is forbidden by an embargo notice. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (8) It is a defence to a prosecution for an offence against subsection (6) to establish that the person charged— (a) moved the record or thing, or part of it, for the purpose of protecting or preserving it; and (b) notified the authorised officer who issued the embargo notice of the move, and of the new location of the record or thing or part of it, within 48 hours after the move. (9) A person to whom an embargo notice has been given must take reasonable steps to prevent another person from doing anything forbidden by the embargo notice. Maximum penalty: (a) in the case of a body corporate—$500 000; (b) in the case of an individual—$250 000. (10) Despite anything to the contrary in any other Act or at law, a sale, lease, transfer or other dealing with a record or thing, or part of it, in contravention of this section is void. 67—Offence to hinder etc authorised officers A person who— (a) hinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an authorised officer, or a person assisting an authorised officer; or (c) refuses or fails to comply with a requirement or direction of an authorised officer under this Part; or (d) when required by an authorise