Excise Act, 2001

Marginal note:Punishment — section 32

• 216 (1) Every person who contravenes section 32 is guilty of an offence and liable

  • (a) on conviction on indictment, to a fine of not less than the amount determined under subsection (2) and not more than the amount determined under subsection (3) or to imprisonment for a term of not more than five years, or to both; or

  • (b) on summary conviction, to a fine of not less than the amount determined under subsection (2) and not more than the lesser of $500,000 and the amount determined under subsection (3) or to imprisonment for a term of not more than 18 months, or to both.

• Marginal note:Minimum amount

  (2) The amount determined under this subsection for an offence under subsection (1) is the greater of

  • (a) the total of

    • (i) $0.21 multiplied by the number of cigarettes to which the offence relates,

    • (ii) $0.21 multiplied by the number of tobacco sticks to which the offence relates,

    • (iii) $0.26 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and

    • (iv) $0.41 multiplied by the number of cigars to which the offence relates, and

  • (b) $1,000 in the case of an indictable offence and $500 in the case of an offence punishable on summary conviction.

• Marginal note:Maximum amount

  (3) The amount determined under this subsection for an offence under subsection (1) is the greater of

  • (a) the total of

    • (i) $0.32 multiplied by the number of cigarettes to which the offence relates,

    • (ii) $0.32 multiplied by the number of tobacco sticks to which the offence relates,

    • (iii) $0.39 multiplied by the number of grams of manufactured tobacco other than cigarettes or tobacco sticks to which the offence relates, and

    • (iv) $0.82 multiplied by the number of cigars to which the offence relates, and

  • (b) $2,000 in the case of an indictable offence and $1,000 in the case of an offence punishable on summary conviction.