Public Health (Standardised Packaging of Tobacco) Act 2015

Evidence in proceedings for an offence

19. (1) In proceedings for an offence under this Act, a tobacco product, or packaging of a tobacco product, that purports to bear the name of the importer of that product, shall, unless the contrary is proved, be evidence that the tobacco product was imported by the person concerned.

(2) In proceedings for an offence under this Act, a tobacco product, or retail packaging of a tobacco product, that purports to bear the name of the manufacturer of that product, shall, unless the contrary is proved, be evidence that—

(a) the tobacco product was manufactured by the person concerned,

(b) the retail packaging of the tobacco product was manufactured by the person concerned, or

(c) that the person concerned packaged the tobacco product with retail packaging,

as the case may be.

(3) In proceedings for an offence under this Act, a tobacco product, or retail packaging of a tobacco product, that bears a trade mark shall, unless the contrary is proved, be evidence that the product or the retail packaging, as the case may be, was manufactured by the person who at the time of the alleged commission of the offence owned that trade mark.