Possess Illicit Tobacco

Police Interview

If you are suspected of possessing illicit tobacco, the police may wish to interview you. We recommend you do not participate in an interview until you have sought legal advice from a lawyer. We can assist you to prepare for your police interview, ensuring you know what rights you have and what you can expect. Some people choose to have one of our lawyers accompany them during the interview. This can help ensure that you do not say or do anything during the interview to jeopardise your case.

Pleading Not Guilty

Our lawyers are experienced in defending these charges, and will be able to advise you of the strengths and weaknesses of the case against you. If you believe you are not guilty, you should seek legal advice from one of our lawyers, who can assist you in presenting your case. Our lawyers can:

• Assess the evidence against you.
• Advise whether the tobacco meets the definition of “illicit”.
• Challenge whether you had possession of the tobacco.
• Represent you at Court and prepare your defence.

Not all charges lead to conviction — particularly where there are gaps in the prosecution’s case.

Pleading Guilty

Before you choose to plead guilty, you should get legal advice about the consequences. If the evidence against you is strong, you may choose to plead guilty. We can assist in preparing a plea that puts your case in the best possible way, which can help reduce the severity of the penalty imposed. A well-presented plea gives you the best chance of receiving a favourable outcome.

Examples of Possess Illicit Tobacco

Examples of conduct that may lead to a charge under section 11A(1) include:

• Storing or carrying chop-chop tobacco (loose-leaf, unbranded product).
• Possessing cigarette packs with no health warnings or foreign labelling.
• Possessing cigarette packets displaying prohibited terms such as “light” or “fresh”.

Legislation

The offence of possess illicit tobacco is found under section 11A(1) of the Tobacco Act 1987 (Vic).

Which Court Will the Case Be Heard in?

Possess illicit tobacco is a summary offence and will be heard in the Magistrates’ Court.

Elements of the Offence

To secure a conviction under section 11A(1), the prosecution must prove:

1. You were involved in a tobacco supply business.
2. You were in possession or had control of illicit tobacco products.

Possession can be actual (e.g., on your person) or constructive (e.g., stored in your property). The prosecution does not need to prove that your possession was deliberate or reckless.

Possible Defences

There are several legal defences available to a charge under section 11A(1), including:

• No business involvement: you were not conducting a tobacco supply business.
• Lack of possession: You were not in control of illicit tobacco.
• Unlawful search: The tobacco was found during a search that breached your legal rights.

An experienced criminal lawyer can assess the viability of these defences in your specific circumstances. You should contact us to discuss the details of the allegations and how to best present your case.

Maximum Penalty for Section 11A(1) of the Tobacco Act 1987

The maximum penalty for a breach of section 11A(1) is:

• 120 penalty units for an individual (approx. $24,421.20 as at 2025), or
• 600 penalty units for a body corporate (approx. $122,106).