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.