PART 7Enforcement
F1Sanctions20A
1
A person who contravenes regulation 6(1) is liable to sanctions in accordance with regulations 20B and 21(2).
2
For the purposes of these Regulations—
a
a Category A contravention means supplying 99 or fewer units of tobacco products in contravention of paragraph (1);
b
a Category B contravention means supplying 100 or more such units of tobacco products but fewer than 300;
c
a Category C contravention means supplying 300 or more such units of tobacco products but fewer than 500;
d
a Category D contravention means supplying 500 or more such units of tobacco products;
e
a second contravention is one that occurs before the end of 24 months beginning with the date of the first contravention;
f
a third contravention is one that occurs before the end of 24 months beginning with the date of the second contravention;
g
a subsequent contravention is any contravention that occurs after the third contravention and before the end of 24 months beginning with the date of a previous contravention.
3
For the purposes of this regulation—
a
the date of a contravention is the date on which the supply of products in contravention of regulation 6(1) is discovered by—
i
the Commissioners; or
ii
a person investigating compliance in accordance with regulation 24A;
b
where a person contravenes regulation 6(1) and that contravention occurs more than 24 months after any previous contravention, that contravention is a first contravention for the purposes of this regulation;
c
in determining whether a contravention is a second, third or subsequent contravention, no account is to be taken of a previous contravention in respect of which a penalty under regulation 20B was not imposed.
4
In this regulation “unit of tobacco products” means—
a
20 cigarettes (whether or not they are packaged in packs of 20); or
b
30 grams of hand-rolling tobacco.