(1) A person must not sell a tobacco product that is not in the package in which it was packed by the manufacturer.
(1) A person must not pack a tobacco product into a package in which the product is to be sold unless the package is marked with a health warning.
(1) An inspector may seize any tobacco product that the inspector reasonably believes contravenes section 6 (1) or 7 (2) if:
(a) it is on premises where tobacco products are being sold, and (b) the quantity of tobacco product exceeds the amount prescribed by the regulations for the purposes of section 6 (4) or 7 (4) (as the case requires). (2) Any tobacco product seized under this section may, at the option of the inspector who made the seizure or of any inspector acting in his or her place, be detained in the place, vehicle or vessel where it was found or be removed to another place and detained there.
(1) A person who owns or is the lessee of a tobacco or e-cigarette vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any premises in New South Wales for the purpose of the sale of tobacco products or non-tobacco smoking products unless the vending machine is placed in an area of the premises that is:
(a) a bar area of a hotel or club premises within the meaning of the , or Liquor Act 2007 (b) a bar area of a casino within the meaning of the as applied by the Liquor Act 2007 , or Casino Control Act 1992 (c) a gaming machine area within the meaning of the . Gaming Machines Act 2001
A person who owns or is the lessee of a tobacco or e-cigarette vending machine must not place the vending machine, or cause or permit the vending machine to be placed, in any premises in New South Wales for the purpose of the sale of tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette accessories unless:
(a) the vending machine can only be activated by a member of staff of the hotel, club or casino in which the vending machine is situated, whether by remote control or some other means, or (b) a person intending to obtain products from the vending machine is required to use a vending machine token that is only available from a member of staff of the hotel, club or casino in which the vending machine is situated.
(1) A person who owns or is the lessee of a tobacco or e-cigarette vending machine situated in premises in New South Wales for the purpose of the sale of tobacco products, non-tobacco smoking products, e-cigarettes or e-cigarette accessories must ensure that a statement in the form (if any) prescribed by the regulations is kept conspicuously displayed on the front of the vending machine.
(1) If the owner or lessee of a tobacco or e-cigarette vending machine contravenes a provision of this Division in relation to the tobacco or e-cigarette vending machine, the occupier of the premises on which the vending machine was situated at the time of the contravention is taken to have contravened the same provision unless the occupier proves that:
(a) the vending machine was placed on the premises in compliance with this Division and the occupier could not by the exercise of due diligence have prevented the contravention, or (b) the vending machine was placed and retained on the premises without the occupier’s knowledge or consent.
(1) A person must not, in New South Wales and for any direct or indirect benefit, display a tobacco advertisement in, or so that it can be seen or heard from, a public place or a place prescribed by the regulations. (2) A person must not, in New South Wales:
(a) distribute to the public any unsolicited object that constitutes or contains a tobacco advertisement, or (b) sell, hire or supply for any direct or indirect benefit any object to any person (other than a person, or the employee of a person, who is a manufacturer, distributor or retailer of a tobacco product) if the object constitutes or contains a tobacco advertisement. (3) This section does not apply in relation to any of the following:
(a) anything done by means of a radio or television broadcast, (b) a tobacco advertisement in or on a newspaper or book:
(i) printed and published outside New South Wales, or (ii) printed and published before 17 December 1991, unless the sole or main purpose of the newspaper or book is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product, (c) (d) a tobacco advertisement that is an incidental accompaniment to the subject of a film, video tape or live stage performance unless the sole or main purpose of the film, video tape or performance is the promotion or publicising of the purchase or use of a tobacco product or a trademark or brand name of a tobacco product, (e) the display of retail prices and names of tobacco products within a retail outlet, where the display complies with this Act and the regulations, (f) an invoice, statement, order, letterhead, business card, cheque, manual or other document that is ordinarily used in the course of the business of a manufacturer or distributor of a tobacco product. (4)
(1) A person must not sell a tobacco product to a person who is under the age of 18 years. (2) A person must not sell a non-tobacco smoking product to a person who is under the age of 18 years.
(1) A police officer may seize a tobacco product, non-tobacco smoking product or e-cigarette in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years.
(1) If an employee contravenes section 22 or 24, the employer is taken to have contravened that section (whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions).
(1) A person must not smoke in a motor vehicle that is on a road or road related area if there is a person under the age of 16 years present in the vehicle. Maximum penalty: 10 penalty units. (2) The driver of a motor vehicle in which a person is smoking in contravention of subsection (1) is guilty of an offence. Maximum penalty: 10 penalty units. (3) The driver may be proceeded against and convicted of an offence against subsection (2) whether or not the person who was smoking has been proceeded against or convicted of an offence under subsection (1).
(1) A person must not engage in tobacco retailing after the commencement of this section unless the person has first notified the Secretary, in accordance with this section, that the person intends to engage in tobacco retailing. Maximum penalty: 100 penalty units.
(1) If a tobacco advertisement is displayed in contravention of this Act or the regulations, the Local Court may order:
(a) that the advertisement be removed or obscured by an inspector, and (b) if any person has been convicted of an offence against this Act or the regulations in relation to the placement or display of the advertisement, that the person pay the reasonable costs incurred by the inspector in removing or obscuring the advertisement.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular, for or with respect to any of the following:
(a) the labelling of packages in which tobacco products, e-cigarettes, e-cigarette accessories or non-tobacco smoking products are packed by a manufacturer, including the position of labels on such packages and the size, colour, style and nature of such labels or labelling, (b) statements or warnings for the purpose of the labelling of any such packages, (c) any statements or warnings to be displayed inside shops and other retail outlets where tobacco products, e-cigarettes, e-cigarette accessories or non-tobacco smoking products are offered or exposed for sale, (d) the labelling of tobacco or e-cigarette vending machines, (e) the duty of persons packing, or causing other persons to pack, specified tobacco products prepared for smoking, e-cigarettes, e-cigarette accessories or non-tobacco smoking products to label those products in a specified manner, (f) prohibiting the sale of packages containing specified tobacco products prepared for smoking, e-cigarettes, e-cigarette accessories or non-tobacco smoking products unless those packages are labelled in a specified manner, (g) the form of notices to be used in connection with the entry by inspectors on to any premises, and the manner and occasion of use of such notices, (h) generally regulating the form and content of tobacco advertisements or e-cigarette advertisements and the matter that may appear on packages containing tobacco products, e-cigarettes, e-cigarette accessories or non-tobacco smoking products, (i) the form and content of signs relating to the provisions of this Act, (j) the display of the signs at places where tobacco products, e-cigarettes, e-cigarette accessories or non-tobacco smoking products are sold, (k) the display of price and other product information in relation to tobacco products, e-cigarettes, e-cigarette accessories, non-tobacco smoking products and smoking accessories.