(1) No person may sell a toy tobacco product to a person younger than 18 years.
(2) Every person who sells a toy tobacco product to a person younger than 18 years in contravention of subsection (1) commits an offence, and is liable to a fine not exceeding $2,000.
(3) It is a defence to a charge in respect of a contravention of subsection (1) if the person charged proves that the contravention occurred without his or her knowledge and that he or she took reasonable precautions and exercised due diligence to prevent the contravention of that subsection.
(4) For the purposes of subsection (3), a person charged in respect of a contravention of subsection (1) who proves that he or she sighted an evidence of age document (within the meaning of section 2A of the Sale of Liquor Act 1989) of the person to whom the product concerned was sold, indicating that the person was of or over the age of 18 years, proves that the contravention occurred without his or her knowledge and that he or she took reasonable precautions and exercised due diligence to prevent the contravention of that subsection.
(5) Subsection (4) does not affect the generality of subsection (3).
(6) It is not a defence to a charge in respect of a contravention of subsection (1)—
(b) that the person charged believed on reasonable grounds that the person to whom the product concerned was sold was buying it for or on behalf of, or as agent for, a person of or over the age of 18 years.
Section 36A: inserted, on 11 December 2003, by section 27 of the Smoke-free Environments Amendment Act 2003 (2003 No 127).