Sell or Supply Illicit Tobacco

• Victoria Police,
• Local council officers, or
• Authorised inspectors under the Tobacco Act.

You may be asked to:

• Attend an interview,
• Provide documentation,
• Answer questions about your business or sales, or
• Allow an inspection of your premises.

Important:

• You have the right to remain silent.
• You are not obligated to answer questions.
• Do not attend an interview without a lawyer.

Providing incorrect or self-incriminating information could significantly harm your defence. A lawyer can speak on your behalf or attend with you.

Pleading Guilty

If you are charged with an offence, accept responsibility and wish to plead guilty, a criminal lawyer can:

• Negotiate the scope of the charge,
• Present mitigating circumstances, and
• Argue for the lowest possible penalty (such as a fine without conviction).

In some cases, early cooperation and an early plea can lead to more favourable sentencing outcomes.

Pleading Not Guilty

You have the right to plead not guilty if:

• You did not sell or supply the tobacco,
• You were authorised to sell it,
• The tobacco is not ‘illicit’, that is, it meets all the requirements of saleable tobacco, or
• There was a mistake, misunderstanding, or unlawful police conduct.

Your defence lawyer will:

• Review the prosecution’s evidence,
• Identify weaknesses in their case and, where appropriate, seek that the charges be dropped, and
• Build a strategy for contesting the charge in court.

Examples of Sell or Supply Illicit Tobacco

Offending under section 11A(3) might involve:

• Selling chop-chop tobacco from a retail store.
• Supplying tobacco in bulk to other retailers without a wholesale licence.
• Offering unbranded or foreign-labelled tobacco products to customers.
• Operating a side business selling illicit cigarettes from a vehicle or market stall.
• Supplying tobacco via online platforms without proper authorisation.

Even giving away illicit tobacco products can amount to “supply” under the Act.

Legislation

This offence is established under section 11A(3) of the Tobacco Act 1987 (Vic), which states:

This law is aimed at reducing the unlawful trade of unregulated tobacco products across Victoria and complements national efforts to crack down on tobacco tax evasion and public health risks.

Which Court Will the Case Be Heard in?

Offences under section 11A(3) are typically heard in the Magistrates’ Court of Victoria.

However, if the facts involve:

• Very large commercial quantities,
• Organised supply chains,
• Or additional charges (e.g., under Commonwealth law or fraud statutes),

then the matter may be escalated to the County Court.

Elements of the Offence

To prove the offence of sell or supply illicit tobacco under section 11A(3), the prosecution must establish beyond reasonable doubt that:

1. The accused sold or supplied tobacco; and
2. The tobacco was illicit.

If any one of these elements is not proven, the charge may not succeed.

The Statutory Provisions for Sell or Supply Illicit Tobacco

The offence falls under section 11A(3) of the Tobacco Act 1987 (Vic).

‘Illicit tobacco’ is tobacco that

• does not comply with a tobacco product or packaging requirement of the Public Health (Tobacco and Other Products) Act 2023 (Cth); or
• does not comply with the Excise Act 1901 (Cth) or the Customs Act 1901 (Cth).

In a Trial Under Section 11A(3), the Questions a Magistrate or Judge May Ask Include:

• Did the accused sell or supply tobacco?
• Was the tobacco illicit (e.g., untaxed, unregulated, unbranded)?
• Did the accused know, or should they reasonably have known, that the tobacco was illicit?

Maximum Penalty for Section 11A(3) of the Tobacco Act 1987 (Vic)

This is one of the most serious offences under Victoria’s tobacco legislation.

Maximum penalties:

• 120 penalty units for an individual – $24,421 (as of 2025).
• 600 penalty units for a company – $122,106.
• Additional penalties such as forfeiture of stock or cancellation of business licences may apply.

In aggravated cases or repeat offending, the Court may consider harsher penalties, including potential imprisonment where other charges apply.

Sentencing

Sentencing outcomes vary depending on:

• The scale of the sale/supply operation,
• The accused’s role (e.g., owner vs employee),
• Whether the accused has prior convictions, and
• Whether the accused cooperated with authorities.

Standard Sentences

Courts may impose:

• Fines (with or without conviction),
• Adjourned undertakings (good behaviour bonds),
• Community Correction Orders,
• Licence suspension or business closure (through regulatory channels).

Possible Defences

Available defences may include:

• No sale or supply: You did not engage in any supply activity.
• Not illicit: The tobacco did not meet the definition of ‘illicit’.
• No knowledge: You were unaware that the product was illicit or being sold.
• Mistaken identity: You were not involved in the sale or supply.
• Unlawful search: Authorities breached your legal rights in collecting evidence.

Each case must be assessed on its facts. A skilled criminal lawyer will identify the strongest arguments and procedural challenges.