06 April 2016
50.Section 14 of the Act amends section 33 (presumption as to contents of container) of the 2010 Act. This section of the 2010 Act currently contains a presumption in prosecutions for displaying tobacco products (and smoking related products) or for selling tobacco to persons under 18. The presumption is that the contents of a container are what would be expected given the packaging. The presumption can be rebutted by the accused or another party in a trial. As amended by the Act, the presumption now applies in the case of the following offences—
selling a tobacco product to a person under the age of 18 (section 4),
selling a NVP to a person under the age of 18 (section 4A),
failing to operate an age verification policy (section 4B),
allowing the sale of a tobacco product or NVP by an unauthorised person under 18 (section 4C),
purchasing of tobacco by a person under 18 (section 5),
purchasing a tobacco product or NVP on behalf of a person under 18 (section 6 and 6A),
managing or controlling premises on which a tobacco vending machine is available for use (section 9).