s. 12 (3) The occupier of premises on which a vending S. 12(3) machine is situated must not permit a person amended by Nos 83/1993 under the age of 18 years to obtain a tobacco s. 4, 43/2000 product from that vending machine. s. 12(1)(b), substituted by In the case of a natural person, No. 49/2009 s. 27(3). 60 penalty units; In the case of a body corporate, 300 penalty units. (3A) If a person (the commits an S. 12(3A) primary offender) inserted by offence against subsection (1), each manager of No. 43/2000 s. 12(2), the primary offender (if any) also commits an substituted by offence against that subsection. No. 45/2005 s. 15(2). (3B) Proceedings for an offence committed by a S. 12(3B) inserted by manager because of subsection (3A) may be No. 43/2000 brought whether or not proceedings have been s. 12(2), substituted by brought against the primary offender and whether No. 45/2005 or not the primary offender has been convicted. s. 15(2). (3C) If an offence is committed against subsection (1) S. 12(3C) inserted by on premises at which a business is carried on, it No. 43/2000 must be presumed, unless the contrary is s. 12(2). established, that the offence was committed in the course of the carrying on of that business. * * * * * S. 12(3D) inserted by No. 43/2000 s. 12(2), repealed by No. 45/2005 s. 15(3). (4) It is a defence to a prosecution under this section if a person proves that he or she— * * * * * S. 12(4)(a) amended by No. 83/1993 s. 4, repealed by No. 45/2005 s. 15(4)(a).
S. 12(3) amended by Nos 83/1993 s. 4, 43/2000 s. 12(1)(b), substituted by No. 49/2009 s. 27(3). (3) The occupier of premises on which a vending machine is situated must not permit a person under the age of 18 years to obtain a tobacco product from that vending machine. In the case of a natural person, 60 penalty units; In the case of a body corporate, 300 penalty units. S. 12(3A) inserted by No. 43/2000 s. 12(2), substituted by No. 45/2005 s. 15(2). (3A) If a person (the primary offender) commits an offence against subsection (1), each manager of the primary offender (if any) also commits an offence against that subsection. S. 12(3B) inserted by No. 43/2000 s. 12(2), substituted by No. 45/2005 s. 15(2). (3B) Proceedings for an offence committed by a manager because of subsection (3A) may be brought whether or not proceedings have been brought against the primary offender and whether or not the primary offender has been convicted. S. 12(3C) inserted by No. 43/2000 s. 12(2). (3C) If an offence is committed against subsection (1) on premises at which a business is carried on, it must be presumed, unless the contrary is established, that the offence was committed in the course of the carrying on of that business. S. 12(3D) inserted by No. 43/2000 s. 12(2), repealed by No. 45/2005 s. 15(3). * * * * * s. 12 (4) It is a defence to a prosecution under this section if a person proves that he or she— S. 12(4)(a) amended by No. 83/1993 s. 4, repealed by No. 45/2005 s. 15(4)(a). * * * * *