PART X
-
PENAL PROVISIONS
SECTION 117D
UNLAWFULLY MOVING TOBACCO LEAF
117D(1)
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:
(a) if the material is tobacco seed or tobacco plant
-
7 years imprisonment or 5,000 penalty units; and
(b) if the material is tobacco leaf
-
7 years imprisonment or the greater of:
(a) 5,000 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.
History
S 117D(1) amended by No 82 of 2026, s 3 and Sch 1 items 44
-
46, by substituting
"
7 years imprisonment or 5,000 penalty units
"
for
"
2 years imprisonment or 500 penalty units
"
in para (a),
"
7 years
"
for
"
2 years
"
in para (b) and para (b)(a) in the penalty, effective 27 August 2026. Para (b)(a) in the penalty formerly read:
(a) 500 penalty units; and
S 117D(1) amended by No 91 of 2004, s 3 and Sch 2 items 6 to 8, by inserting ``tobacco seed, tobacco plant or'' after ``material that is'', inserting ``tobacco seed, tobacco plant or'' after ``the material is'' and substituting the penalty, effective 30 June 2004. The penalty formerly read:
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.
117D(2)
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.
History
S 117D(2) amended by No 82 of 2026, s 3 and Sch 1 item 47, by substituting
"
500 penalty units
"
for
"
100 penalty units
"
in the penalty, effective 27 August 2026.
S 117D(2) amended by No 91 of 2004, s 3 and Sch 2 item 9, by inserting
"
tobacco seed, tobacco plant or
"
after
"
move
"
, effective 30 June 2004.
117D(3)
Strict liability applies to subsection (2).
History
S 117D inserted by No 115 of 2000, s 3 and Sch 1 item 52, effective 7 September 2000.